Unanimous support is not required for an EU emergency mechanism to temporarily relocate migrants from Malta and Italy to other member states.
The proposal to deal with the situation in the Mediterranean, including temporary relocation quotas, will be made by the European Commission at the end of the month.
It will have to be approved by the Council that groups together the 28 member states and is expected to find resistance from countries like the UK and Hungary that oppose mandatory quotas.
But Foreign Minister George Vella is hopeful the proposal will go through because it can be carried by a qualified majority.
Under the qualified majority rule, at least 55 per cent of participating member states – 16 out of 28 – comprising at least 65 per cent of the population would have to vote in favour for the proposal to pass.
Big countries like Germany, Italy, France and Spain are on board. But Dr Vella attributes great significance to the support shown by Sweden and Ireland.
“I have sensed a change in attitude by Sweden over the past year while Ireland, which like the UK has the legal option not to get involved, has pledged commitment,” Dr Vella said.
Irish Equality Minister Frances Fitzgerald has said she would seek her government’s approval to resettle an additional 300 migrants as part of the European initiative even before the plan would be discussed by EU home affairs ministers.
Triggering the emergency mechanism in Article 78 of the Treaty on the Functioning of the EU is one of several options found in a plan to tackle migration unveiled by the European Commission on Wednesday.
The temporary relocation quotas are an emergency response to the migrant crisis in the Mediterranean, which made international headlines last month when more than 800 people are believed to have died after their boat capsized.
Under the emergency provisions, member states receiving the migrants will be responsible for the examination of the asylum application in accordance with established EU rules.
Redistribution will be based on criteria that include GDP, size of population, the unemployment rate and past numbers of asylum seekers and resettled refugees.
The Commission has already adopted this criteria when establishing quotas for a different proposal to provide a legal and safe channel for the resettlement of 20,000 migrants from third countries.
Under the resettlement quota Malta’s share would amount to 0.69 per cent as opposed to Germany’s 18 per cent.
What does the Treaty say?
Article 78 (3): In the event of one or more member states being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the member state(s) concerned. It shall act after consulting the European Parliament.
kurt.sansone@timesofmalta.com