EU member states yesterday agreed on a set of new rules tackling illegal immigration following a meeting of EU Permanent Representatives in Brussels.
No precise details were given officially on the terms agreed as the EU Council has still to discuss them with the European Parliament.
"The Permanent Representatives Committee (COREPER) confirmed support for a draft overall compromise on the proposal for a directive on common standards and procedures in member states for returning illegally staying third-country nationals (the Return Directive) arising from discussions which have taken place between the Presidency and the European Parliament," a Council statement said following the meeting.
However, sources close to the Council told The Times that member states agreed on the main issues of the directive, particularly that illegal immigrants can be detained for up to 18 months and face a five-year re-entry ban if caught.
Until yesterday, Malta was among a group of 10 EU member states resisting the introduction of common rules as it deemed illegal immigration rules are of national competence because circumstances differ from one member state to another.
However, it seems that Malta yesterday made a final compromise saying it can live with the deal.
In reality, Malta will not be affected adversely by the new rules as it already provides for a maximum detention period of 18-months in case of illegal immigrants.
Despite yesterday's agreement, the draft law is yet to be agreed upon by the European Parliament which is still deeply split on the issue.
The 18-month limit is higher than the maximum detention in two-thirds of the 27 EU states. Although EU states can keep a lower limit if they so prefer, rights groups say the directive will tend to encourage authorities to lock up more illegal migrants.
The European Commission estimates there are up to eight million illegal immigrants in the EU. More than 200,000 were arrested in the EU in the first half of 2007 and fewer than 90,000 were expelled.
Children can also be detained, according to the text agreed to by EU Permanent Representatives. However, the proposed directive says such detention should be for the shortest appropriate period of time.
The new detention limit will be based on a first cap of six months that can be extended to 18 months under certain circumstances, including if the illegal migrant does not cooperate with the authorities.