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amendment list 2026-02-06

Amendment 001-030 - Alessandro Ciriani - Report A10-0259/2025 - Establishment of a list of safe countries of origin at Union level

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4.2.2026 A10-0259/ 001-030

AMENDMENTS 001-030

by the Committee on Civil Liberties, Justice and Home Affairs

Report

Alessandro Ciriani A10-0259/2025

Establishment of a list of safe countries of origin at Union level

Proposal for a regulation (COM(2025)0186 – C10-0069/2025 – 2025/0101(COD))

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Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Under Regulation (EU) 2024/1348 of the European Parliament and the Council3, specific rules may apply where an applicant comes from a safe country of origin. In particular, the examination of an application has to be accelerated and, if the applicant has not yet been authorised to enter Member States’ territory, a Member State may examine the merits of an application in a border procedure. Regulation (EU) 2024/1348 also provides for the designation of safe countries of origin at Union level, taking into account the conditions laid down in Article 61 of that Regulation.

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3 Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj).

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) The Pact on Migration and Asylum introduces a comprehensive framework for the management of migration in the Union. It also reinforces the Union’s external dimension by strengthening cooperation with international partners and third countries. The designation of a safe country of origin constitutes an essential instrument for ensuring efficient and predictable procedures within the asylum system. The use of accelerated procedures does not alter or diminish the safeguards and guarantees laid down in Union law and the Charter of Fundamental Rights of the European Union. Such procedures provide for applications that are likely to be unfounded to be processed rapidly and thus allow for swifter protection to the applicants who are genuinely in need.

Amendment 3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) It is necessary to strengthen the application of the safe country of origin concept as an essential tool to support the swift examination of applications that are likely to be unfounded by designating third countries as safe countries of origin. It is also necessary to address some of the existing divergences between Member States’ national lists of safe countries of origin. Therefore a list of safe countries of origin at Union level should be established. While Member States retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe countries of origin at Union level, such common designation at Union level aims to ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are designated. The proposed Union list should be understood as a common denominator between Member States without prejudice to the possibility for Member States to designate other third countries at national level and to the possible future designation of additional third countries as safe countries of origin at Union level by means of future amendments to Regulation (EU) 2024/1348.

Amendment 4

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The fact that a third country is considered as a safe country of origin, either at Union or at national level, cannot constitute an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an individual examination of the application for international protection. Member States may apply the concept of a safe country of origin only where the applicant cannot provide elements justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment, and provided that the applicant has the nationality of that country or he or she is a stateless person and was formerly habitually resident in that country. The application of the concept in the framework of the individual assessment is without prejudice to the fact that certain categories of applicants may find themselves in a specific situation in the third countries designated and may therefore have a well-founded fear of being persecuted or face a real risk of suffering serious harm.

(3) The fact that a third country is considered as a safe country of origin, either at Union or at national level, cannot constitute an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an individual examination of the application for international protection. Member States may apply the concept of a safe country of origin where the applicant cannot provide genuine and fact-based elements or legal evidence justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment, and provided that the applicant has the nationality of that country or he or she is a stateless person and was formerly habitually resident in that country. The application of the concept in the framework of the individual assessment is without prejudice to the fact that certain categories of applicants may find themselves in a specific situation in the third countries designated and may therefore have a well-founded fear of being persecuted or face a real risk of suffering serious harm.

Amendment 5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The assessment of the situation in other third countries is based on a range of relevant and available sources of information, including information from Member States, the European Union Agency for Asylum (‘the Asylum Agency’), the European External Action Service, the United Nations High Commissioner for Refugees, and other relevant international organisations. The assessment also takes into account where available the common analysis of the country of origin information referred to in Article 11 of Regulation (EU) 2021/2303 of the European Parliament and of the Council4 , in accordance with Regulation (EU) 2024/1348.

(5) The assessment of the situation in other third countries to be designated as safe countries of origin is based on a range of relevant and available sources of information, including information from Member States, the European Union Agency for Asylum (‘the Asylum Agency’), the European External Action Service, the United Nations High Commissioner for Refugees, and other relevant international organisations. In order to ensure efficiency, the sources should be accessible, reliable and up to date. The assessment also takes into account where available the common analysis of the country of origin information referred to in Article 11 of Regulation (EU) 2021/2303 of the European Parliament and of the Council, in accordance with Regulation (EU) 2024/1348.

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4 Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/2303/oj).

Amendment 6

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) The designation of a third country as a safe country of origin under this Regulation is based on reliable, official and duly substantiated sources. Moreover, the designation reflects the general situation in that country and is not affected by the individual circumstances, which may only be assessed for the purposes of determining whether the safe country of origin concept should exceptionally not be applied in a specific case. Therefore, national judicial review should examine the detailed evidence regarding an applicant’ s individual situation justifying, in his or her case, the inapplicability of the concept of safe country of origin and not the designation as such.

Amendment 7

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The EU candidate countries have been granted this status by the European Council through a unanimous decision, following a recommendation from the European Commission. With regard, in particular, to the political criteria for EU membership, the EU candidate countries were found to have advanced towards reaching the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. It can, therefore, be concluded that those third countries that have been granted EU candidate status should be designated as safe countries of origin, except where the following circumstances apply: there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country; restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of the country’s actions; or when the EU-wide recognition rate pertaining to the applicants from the country is higher than 20%.

(6) The EU candidate countries have been granted this status by the European Council through a unanimous decision, following a recommendation from the European Commission. With regard, in particular, to the political criteria for EU membership, the EU candidate countries were found to have advanced towards reaching the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. Given that the accession process itself entails continuous and comprehensive monitoring of their compliance with the Copenhagen criteria, it can, therefore, be concluded that those third countries that have been granted EU candidate status should be designated as safe countries of origin, except where any of the following circumstances apply: there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country; restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of the country’s actions affecting fundamental rights and freedoms and that are relevant for the designation of a third country as a safe country of origin; the EU-wide recognition rate pertaining to the applicants from the country is higher than 20%.

Amendment 8

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a) In situations where the Union activates temporary protection in respect of a specific candidate country, it should be presumed that the condition of a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country is fulfilled.

Amendment 9

Proposal for a regulation

Recital 6 b (new)

Text proposed by the Commission

Amendment

(6b) To ensure uniform application of this Regulation across all Member States, it is necessary to establish a clear and coordinated mechanism for determining when a candidate country should no longer be considered as a safe country of origin. The Commission should also maintain a consolidated registry of Union restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union adopted in respect of third countries and inform Member States without delay of any modification.

Amendment 10

Proposal for a regulation

Recital 6 c (new)

Text proposed by the Commission

Amendment

(6c) The Commission, assisted by the Asylum Agency, should review the situation in candidate countries designated as safe countries of origin at Union level. Where there is a significant change for the worse in the situation of a candidate country and following a substantiated assessment, the Commission should be able to suspend the designation of a candidate country as a safe country of origin at Union level by means of a delegated act. The Commission should also be able to extend the suspension of the designation of a candidate country as a safe country of origin at Union level for a period of six months, with a possibility to renew that extension for successive periods of six months as long as the circumstances that justified the suspension persist.

Amendment 11

Proposal for a regulation

Recital 6 d (new)

Text proposed by the Commission

Amendment

(6d) In order to address significant changes for the worse in a candidate country designated as a safe country of origin at Union level, the power to adopt acts in accordance with Article 290 of the Treaty on the functioning of the European Union should be delegated to the Commission in respect of suspending the designation of that candidate country as a safe country of origin at Union level where the Commission considers, on the basis of a substantiated assessment, that the conditions set by this Regulation are no longer met, and to extend the suspension of the designation of a candidate country as a safe third country or a safe country of origin at Union level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

Amendment 12

Proposal for a regulation

Recital 6 e (new)

Text proposed by the Commission

Amendment

(6e) The Commission should furthermore regularly review the situation in candidate countries designated as safe countries of origin at Union level as regard to whether any of the following circumstances apply: there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country; restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of the country’s actions affecting fundamental rights and freedoms and that are relevant for the designation of a third country as a safe country of origin; or when the Union-wide recognition rate pertaining to the applicants from the country is higher than 20%. Where the Commission considers that any of those circumstances apply to a candidate country, the Commission should suspend the designation of the candidate country as a safe country of origin at Union level by means of a delegated act. In addition, the Commission should also be able to suspend the designation of a candidate country as a safe country of origin at Union level only for a clearly identified part of the territory of that candidate country, where the threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in that candidate country is limited to a specific geographical area. The Commission should also be able to extend the suspension of the designation of a candidate country as a safe country of origin at Union level for a period of six months, with a possibility to renew that extension for successive periods of six months as long as the circumstances listed in the first sentence continue to apply.

Amendment 13

Proposal for a regulation

Recital 6 f (new)

Text proposed by the Commission

Amendment

(6f) In order to address the changes of circumstances in a candidate country designated as a safe country of origin at Union level, the power to adopt acts in accordance with Article 290 of the Treaty on the functioning of the European Union should be delegated to the Commission in respect of suspending the designation of that candidate country, in whole or in part, as a safe country of origin at Union level and in respect of extending the suspension of the designation of a candidate country, in whole or in part, as a safe country of origin at Union level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

Amendment 14

Proposal for a regulation

Recital 6 g (new)

Text proposed by the Commission

Amendment

(6g) When the period of validity of the delegated act and its extensions expires, without a new delegated act being adopted, the designation of a candidate country as a safe country of origin at Union level should no longer be suspended.

Amendment 15

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) With regard to India, according to the information from the Asylum Agency, 9 Member States currently designate India as a safe country of origin at national level, and the Union-wide recognition rate for applicants from India was 2% in 2024. The country has ratified the main international human rights instruments. India is a constitutional republic and a parliamentary democracy. There are no indications of expulsion, removal or extradition of citizens of India to countries where there is a risk of death penalty, torture, persecution, or inhuman or degrading treatment. There is, in general, no real risk of serious harm within the meaning of Article 15 of the Regulation (EU) 2024/1347. While India retains the death penalty in its criminal law and did not sign the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims to abolish the death penalty, nevertheless, the death penalty has not been applied in practice since 2020. India has ratified the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. There is no armed conflict taking place in India and therefore no threat exists by reason of indiscriminate violence in situations of international or internal armed conflict. There is, in general, no persecution in the country within the meaning of Article 9 of Regulation (EU) 2024/1347.

(11) With regard to India, according to the information from the Asylum Agency, 9 Member States currently designate India as a safe country of origin at national level, and the Union-wide recognition rate for applicants from India was 2% in 2024. The country has ratified the main international human rights instruments. India is a constitutional republic and a parliamentary democracy. There are no indications of expulsion, removal or extradition of citizens of India to countries where there is a risk of death penalty, torture, persecution, or inhuman or degrading treatment. There is, in general, no real risk of serious harm within the meaning of Article 15 of the Regulation (EU) 2024/1347. While India retains the death penalty in its criminal law and did not sign the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims to abolish the death penalty, nevertheless, the death penalty has not been applied in practice since 2020. India has signed the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. There is no armed conflict taking place in India and therefore no threat exists by reason of indiscriminate violence in situations of international or internal armed conflict. There is, in general, no persecution in the country within the meaning of Article 9 of Regulation (EU) 2024/1347.

Amendment 16

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Considering that the migratory situation can rapidly change and there is increased pressure resulting from the arrivals of mixed flows with a high proportion of those with low chances of receiving international protection, Member States should be able to apply the ground for accelerating the examination of applications set out in Article 41(1)(j) of Regulation (EU) 2024/1348, from an earlier date than the general date of application of that Regulation. This would allow Member States to react quickly and in a flexible manner to changes in the migratory flows. Considering that applications from such applicants are likely to be unfounded, dealing with them swiftly in an accelerated or a border procedure would allow the asylum and migration authorities to more efficiently assess genuine claims, deliver faster decisions and thereby contribute to a better and more credible functioning of asylum and return policies, in full respect of fundamental rights.

(18) Considering that the migratory situation can rapidly change and there is increased pressure resulting from the arrivals of mixed flows with a high proportion of those with low chances of receiving international protection, Member States should be able to apply the ground for accelerating the examination of applications set out in Article 42(1), point (j), of Regulation (EU) 2024/1348, from an earlier date than the general date of application of that Regulation. This would allow Member States to react quickly and in a flexible manner to changes in the migratory flows. Considering that applications from such applicants are likely to be unfounded, dealing with them swiftly in an accelerated or a border procedure would allow the asylum and migration authorities to more efficiently assess genuine claims, deliver faster decisions and thereby contribute to a better and more credible functioning of asylum and return policies, in full respect of fundamental rights.

Amendment 17

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

(20a) The Commission is to continuously review the list of safe third countries of origin at Union level, by proposing the addition of further countries in accordance with the conditions laid down in Regulation 2024/1348. Union-wide recognition rate lower than 20% and the inclusion in national lists of safe third countries of origin should be used as relevant indicators for such modifications.

Amendment 18

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the EU.

(23) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the EU, while ensuring a balanced implementation that also upholds the Union objectives of maintaining credible asylum procedures, effective migration management and the protection of the external borders.

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – introductory part

Text proposed by the Commission

Amendment

(1) Article 62, paragraph 1 is amended as follows:

(1) Article 62 is amended as follows:

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 62 – paragraph 1

Text proposed by the Commission

Amendment

1. The countries that have been granted the status of candidate states for accession to the Union are designated as safe countries of origin at Union level, unless one of more of the following circumstances apply:

1. The countries that have been granted the status of candidate countries for accession to the Union (“candidate countries”) are designated as safe countries of origin at Union level, taking into account the conditions laid down in Article 61, unless one of more of the following circumstances apply to them:

Amendment 21

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 62 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country;

(a) there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country; activation of temporary protection pursuant to Directive 2001/55/EC of the European Parliament and of the Council1 in respect of a country shall be considered sufficient to establish the existence of such a threat in that country;

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1 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).

Amendment 22

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 62 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of the country’s actions;

(b) restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of that country’s actions affecting fundamental rights and freedoms and that are relevant for the designation of a third country as a safe country of origin as set out in Article 61;

Amendment 23

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 62 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The Commission shall regularly assess whether any of the circumstances referred to in points (a), (b), or (c) apply to a candidate country. Where the Commission considers that circumstances referred to in points (a), (b), or (c) apply to a candidate country, it shall adopt a delegated act in accordance with Article 74 and subject to the conditions set out in Article 63. If the Commission considers that the threat referred to under point (a) is limited to a specific geographical area, the Commission may decide to only suspend a specific part of the territory of that candidate country, clearly stating which part is excluded.

Amendment 24

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 62 – paragraph 1 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

For the purposes of point (b), the Commission shall compile and maintain a consolidated registry of all restrictive measures adopted in respect of candidate countries and shall make it available to Member States.

Amendment 25

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 62 – paragraph 1a

Text proposed by the Commission

Amendment

1a. The third countries listed in Annex II shall be designated as safe countries of origin at Union level;

1a. The third countries listed in Annex II shall be designated as safe countries of origin at Union level taking into account the conditions laid down in Article 61;

Amendment 26

Proposal for a regulation

Article 1 – paragraph 1 – point 1 a (new) – point a (new)

Regulation (EU) 2024/1348

Article 63 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

(1a) Article 63 is amended as follows:

(a) the following paragraph is inserted:

‘1a. In the event of the Commission assessing that the circumstances referred to in Article 62 (1) points (a), (b), or (c) apply to a candidate country, it shall adopt a delegated act in accordance with Article 74 to suspend the designation of that third country as a safe country of origin at Union level for a period of six months. A suspension due to the circumstance in Article 62 (1) point (a), may be made for specific parts of the third country’s territory.’

Amendment 27

Proposal for a regulation

Article 1 – paragraph 1 – point 1 a (new) – point b (new)

Regulation (EU) 2024/1348

Article 63 – paragraph 2

Present text

Amendment

(b) paragraph 2 is replaced by the following:

2. The Commission shall continuously review the situation in the third country referred to in paragraph 1 taking into account, inter alia, information provided by the Member States and the Asylum Agency regarding subsequent changes in the situation of that third country.

‘2. The Commission shall continuously review the situation in the third country referred to in paragraph 1 and 1a taking into account, inter alia, information provided by the Member States and the Asylum Agency regarding subsequent changes in the situation of that third country. ’

(32024R1348)

Amendment 28

Proposal for a regulation

Article 1 – paragraph 1 – point 1 a (new) – point c (new)

Regulation (EU) 2024/1348

Article 63 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

‘2a. Where the Commission has adopted a delegated act in accordance with paragraph 1 or 1a suspending the designation of a candidate country, in whole or in part, as a safe country of origin at Union level, it shall adopt before the expiry of that delegated act subsequent delegated acts for periods of six months at a time if it considers that the circumstances that justified the suspension persist. If the Commission considers that the circumstances no longer apply, the candidate country concerned shall be reinstated as a safe country of origin at Union level once the delegated act expires. ’

Amendment 29

Proposal for a regulation

Article 1 – paragraph 1 – point 1 a (new) – point d (new)

Regulation (EU) 2024/1348

Article 63 – paragraph 3

Present text

Amendment

(d) paragraph 3 is replaced by the following:

3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country or as a safe country of origin at Union level, it shall, within three months of the date of adoption of that delegated act, submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country’s designation as a safe third country or of safe country of origin at Union level.

‘3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country or as a safe country of origin at Union level listed in Annex II, it shall, within three months of the date of adoption of that delegated act, submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country’s designation as a safe third country or of safe country of origin at Union level. ’

(32024R1348)

Amendment 30

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point a

Regulation (EU) 2024/1348

Article 79 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

However, Article 59(2), Article 61(2) and Article 61(5) point (b) shall apply from the day of entry into force of Regulation (EU) ...¦/...¦[amending Regulation (EU) 2024/1348] as regards the application of the concept of ‘safe third country’ in accordance with Articles 36 and 37 Directive 2013/32/EU and that of ‘safe country of origin’ in accordance with Article 38 of Directive 2013/32/EU.;

However, Article 59(2), Article 61(2) and Article 61(5) point (b) shall apply from the day of entry into force of Regulation (EU) ...¦/...¦[amending Regulation (EU) 2024/1348] as regards the application of the concept of ‘safe country of origin’ in accordance with Articles 36 and 37 Directive 2013/32/EU and that of ‘safe third country’ in accordance with Article 38 of Directive 2013/32/EU.;