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REPORT (COM(2025)0259 – C100088/2025 – 2025/0132(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2024/1348 as regards the application of the ‘safe third country’ concept

A-10-2025-0255

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Lena Düpont

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Parliament's amended version of the proposed regulation amending Regulation (EU) 2024/1348 on the 'safe third country' concept. It makes the connection criterion optional, allows application based on transit or agreements, and refines rules on unaccompanied minors and absconding. It requires Member States to inform the Commission and other Member States before concluding agreements or arrangements with third countries, and encourages Union-level agreements to ensure uniform application.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to adopt the Commission's proposal with amendments that clarify the connection criterion, strengthen transparency, and refine rules on unaccompanied minors and absconding.

Key points

  1. The safe third country concept may be applied without a connection between the applicant and the third country, provided there is a written agreement or arrangement concluded by the Union or one or more Member States.
  2. Union-level agreements or arrangements with third countries are encouraged to ensure uniform application and avoid divergent practices among Member States.
  3. A connection may be established through family presence, previous stay, or other links such as language, economic, cultural, religious, or geographical ties.
  4. The concept may also be applied to applicants who transited through a safe third country before entering the Union, as transit provides an objective link.
  5. Member States can use all grounds for inadmissibility under Regulation (EU) 2024/1348 before examining an application on its merits.
  6. Unaccompanied minors are exempt from the safe third country concept when applied on the basis of an agreement or arrangement, unless they pose a danger to national security or public order.
  7. Member States must inform the Commission and other Member States prior to concluding agreements or arrangements with third countries related to the safe third country concept.
  8. The European Parliament must be informed when negotiations are opened on behalf of the Union and prior to conclusion of any agreements or arrangements.
  9. Member States may take all necessary measures to prevent absconding, including restricting freedom of movement or detention as a last resort, in accordance with Directive (EU) 2024/1346.
  10. The best interests of the child shall be a primary consideration in all decisions concerning minors.

Who is affected

  • Applicants for international protection: the concept may be applied without a personal connection, and unaccompanied minors may be affected only in limited circumstances.
  • Member States: they gain flexibility in applying the safe third country concept but must inform others before concluding agreements.
  • Third countries: agreements or arrangements with them are required for applying the concept without a connection.

Legal basis: Article 294(2) and Article 78(2), point (d), of the Treaty on the Functioning of the European Union