Malta yesterday welcomed a decision by the EU court to nullify Frontex rules that were considered to act against its interests in its fight to control irregular immigration.

The rules, enacted by the European Council (member states) in 2010 against Malta’s wishes, were declared “null and void” by the ECJ after the European Parliament backed a challenge by Nationalist MEP Simon Busuttil.

The 2010 rules had completely changed the game for Malta’s participation in EU-led anti-immigration surveillance missions at sea.

Whereas normally all irregular immigrants saved through these Frontex missions were landed at the closest port of call, the new rules obliged the host member states of these missions to become res­ponsible for all saved irregular immigrants and asylum seekers.

The decision had prompted Malta to decline participation in such missions since it would have fuelled migrant landings.

Contacted by The Times yesterday, Dr Busuttil welcomed the court’s decision, describing it as a win for the country.

“This is an important victory for Malta. I am pleased to have been proven right and this judgment will now pave the way for new rules to be adopted.

“Our task at the EP will be to ensure that this time round we have fair rules for one and all,” he said.

On its part, the government also welcomed the judgment but emphasised that a decision on whether to participate in future Frontex missions still has to be taken.

The Armed Forces of Malta started participating in these missions in 2005 at the height of the irregular immigration crisis, when hundreds of sub-Saharan Africans used to embark on rogue boats from Libya’s coasts to reach Italy and mainland Europe.

The island had twice hosted these missions and was the lead participant through its air and maritime squadron.

The EU used to pay all the costs of the services and personnel offered by the AFM.

However, although irregular immigrants are still landing in Malta, the political situation in Libya completely changed following the overthrow of the Gaddafi regime last year and the new authorities are trying to control the situation and restrict illegal crossings.

This has significantly reduced the pressure on Malta.

According to the ECJ’s judgment, the EU Council acted beyond its powers and ordered the annulment of the new rules. The court said that, in the eventuality of similar missions, Frontex should apply the code of engagement used before the 2010 rules.

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