Malta has called for “caution” in amending EU rules that govern the closure of borders in the Schengen area.

Following recent unilateral decisions by France and Denmark to impose new restrictions on their borders, partly owing to illegal migration issues that arose with Italy and Germany respectively, the EU executive tabled proposals aimed at preventing member states from closing borders for more than five days without the consent of their Schengen partners.

The proposals have been harshly criticised by some member states and Malta is the latest country to call them into question because they do not appear to be in line with a decision taken by EU leaders over the issue last June.

“It should be recalled that the proposal for a Schengen safeguard mechanism is a reaction to a specific request made by the European Council for a mechanism to enable the reintroduction of internal border controls in cases a member state is unable to observe its Schengen obligations,” a government spokesman told The Times.

“We think that the proposal should fully respect the parameters established by the European Council and the Commission’s proposal seems to go beyond that request,” he said, adding that Malta was asking for some important modifications to be made. He did not specify what those modifications were.

Under the EU Treaty, questions of border control are the sole competence of member states. The Commission’s legislative proposal is that individual member states can only decide to close their border and re-introduce passport checks in case of emergencies and for a maximum of five days. If they wish to prolong this period further, they would have to make a formal request to the Commission and if accepted, it would then need the approval of a qualified majority of the countries participating in the Schengen acquis to be validated.

Several member states are questioning the new powers sought by Brussels.

Also, the Commission wants to introduce a more collegial governance to make sure that the Schengen rules are fully observed by all EU member states – thus reducing further the need for any closures.

The government spokesman said Malta’s position had been made clear with Brussels “and now we are following and taking part in the ongoing negotiations”.

He emphasised that these were “very sensitive” issues and that the Commission and member states must proceed “with caution”.

“The Schengen area is one of the most tangible achievements and any measure that we take allowing the reintroduction of controls at its internal borders can only take place under very strict conditions and in exceptional circumstances where there is truly no other option.

“Above all, we must ensure that the principle of free movement is fully respected,” the spokesman said.

Malta has been a member of the Schengen area since 2007.

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