Migrants rescued at sea in Frontex operations will no longer have to be taken to the country coordinating the mission, according to Roberta Metsola.
The Nationalist MEP said new rules approved by the European Parliament this week ensure that any operational plan for a Frontex operation must be in line with the relevant international law.
This has always been a bone of contention for Malta as previous guidelines stipulated that the coordinating state would be obliged to take in rescued migrants.
Successive governments have argued that migrants should disembark at the closest safe port of call as stipulated in international law. Malta had withdrawn its participation in Frontex as a result of the old guidelines.
But Dr Metsola said MEPs have ensured that the default rule now was that member states taking part must cooperate with the responsible rescue coordination centre to identify a place of safety for disembarkation.
“It is now only in extreme circumstances that disembarkation of rescued people can be carried out in the member state hosting the operation,” she added.
Following Joseph Muscat’s failed attempt at flouting international law last summer, this was an important point to get right
Dr Metsola had argued at committee stage that guidelines governing the operations of the EU’s border control agency should come as close as possible to international law and practices.
“I had discussed this with the government that negotiated with other member states and prior to the vote also encouraged all MEPs to support the report,” she said.
The draft regulations were approved by 528 votes to 46, with 88 abstentions. They define “emergency phases” for search and rescue operations and place a clear duty upon units participating in Frontex operations to engage and to save lives.
Dr Metsola said the new rules ensured no one could be prosecuted for saving the lives of people at sea and expressly banned any push-backs on the high seas.
“Following Joseph Muscat’s failed attempt at flouting international law last summer, this was an important point to get right,” she said, referring to the government’s threat last year to immediately repatriate rescued migrants.
Asked for his reaction, National Security Minister Manuel Mallia said the provisions would not affect Malta’s search and rescue operations since they applied only to Frontex missions.
With reference to the rules’ accent on human rights, Dr Mallia said Malta did not effect any push-backs and people who rescued migrants at sea were never liable to criminal action.
“Malta will therefore continue to act in accordance with its international obligations,” he said.