Sittings · Document

Draft report (COM(2025)0259 – C100088/2025 – 2025/0132(COD)) 2025-11-06

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

Committee on Civil Liberties, Justice and Home Affairs

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AM_Com_LegReport

Amendment 14

Ilaria Salis, Özlem Demirel, Estrella Galán, Pernando Barrena Arza, Damien Carême

Proposal for a regulation

–

Proposal for a rejection

The European Parliament rejects the Commission proposal.

Or. en

Justification

This proposal for amending the APR should be rejected because removing the connection requirement in the ‘safe third country’ concept as well as the automatic suspensive effect of appeals seriously undermines the right to asylum and increases the risk of refoulement. It would permit transfers to countries with which applicants have no connection, even before their appeal is heard, shifting EU responsibilities onto third countries. Such externalization violates international and EU law and effectively ends the right to asylum in Europe.

Amendment 15

Erik Marquardt

Proposal for a regulation

–

Proposal for a rejection

The European Parliament rejects the Commission proposal.

Or. en

Amendment 16

Cecilia Strada

on behalf of the S&D Group

Birgit Sippel, Murielle Laurent, Juan Fernando López Aguilar, Emma Rafowicz, Marco Tarquinio, Alessandro Zan, Ana Catarina Mendes, Francisco Assis

Proposal for a regulation

–

Proposal for a rejection

The European Parliament rejects the Commission proposal.

Or. en

Amendment 17

Erik Marquardt

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Regulation (EU) 2024/1348 of the European Parliament and of the Council1 established a common procedure for granting and withdrawing international protection in the Union. The Commission has reviewed the various elements of the concept of safe third country, including criteria of safety, due process, the connection criterion and the provisions on effective remedy. The review led to the conclusion that there was scope for improving the applicability of the safe third country concept while preserving the legal safeguards for applicants and ensuring the respect of fundamental rights.

(1) Regulation (EU) 2024/1348 of the European Parliament and of the Council1 established a common procedure for granting and withdrawing international protection in the Union. The Commission has reviewed the various elements of the concept of safe third country, including criteria of safety, due process, the connection criterion and the provisions on effective remedy. The review led the Commission to conclude that there was scope for changing the applicability of the safe third country concept.

__________________

1 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).

Or. en

Amendment 18

Ewa Zajączkowska-Hernik

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) To enhance the effectiveness and credibility of the Common European Asylum System, Member States should be able to apply the safe third country concept more broadly and flexibly. A wider use of this mechanism, including recognition of transit as a sufficient link and the conclusion of formal or informal arrangements with third countries, would help reduce administrative burdens, prevent abuse of asylum procedures, and strengthen the Union’s capacity to respond to migration pressures.

Or. en

Amendment 19

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) When the Member States assess whether a third country fulfils the conditions to be considered a safe third country for the purposes of Regulation (EU) 2024/1348, they can consider the inclusion of a country in a Union or national list of safe countries of origin, as referred to in Article 61 of that Regulation, as a relevant indication of the general human rights situation and stability in that country.

Or. en

Amendment 20

Erik Marquardt

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The existence of a connection between the applicant and the safe third country is not required by international refugee law, notably the Geneva Convention, or international human rights law, notably the European Convention on Human Rights. Therefore, Member States should have the possibility to apply the concept of safe third country where no connection can be established between the applicant and the safe third country concerned, provided that an agreement or arrangement with the third country concerned requires the examination of the merits of requests for effective protection made by applicants subject to that agreement or arrangement.

deleted

Or. en

Amendment 21

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

There is no proportionality to a provision that would render access to asylum in the Union a lottery depending on the Member State in which that application is made and whether use is made of a provision that allows for refusal of asylum on the basis of non-binding arrangements - unknown to the wider public - with any third country in the world. For Member States that might choose to apply such a provision it would mark the end of the right of asylum in that Member State, contrary to EU primary law

Amendment 22

Fabienne Keller, Jan-Christoph Oetjen, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 23

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The existence of a connection between the applicant and the safe third country is not required by international refugee law, notably the Geneva Convention, or international human rights law, notably the European Convention on Human Rights. Therefore, Member States should have the possibility to apply the concept of safe third country where no connection can be established between the applicant and the safe third country concerned, provided that a legally binding agreement or a non-binding formal or informal arrangement between one or more Member States and the third country concerned requires the examination of the merits of requests for effective protection made by applicants subject to that agreement or arrangement.

Or. en

Amendment 24

Ewa Zajączkowska-Hernik

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The existence of a connection between the applicant and the safe third country is not required by international refugee law, notably the Geneva Convention, or international human rights law, notably the European Convention on Human Rights. Therefore, Member States should have the possibility to apply the concept of safe third country where no connection can be established between the applicant and the safe third country concerned, provided that a legally binding agreement or a non-binding formal or informal arrangement has been concluded with the third country concerned. requires the examination of the merits of requests for effective protection made by applicants subject to that agreement or arrangement.

Or. en

Amendment 25

Jaroslav Bžoch

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a) In order to ensure uniform application of Union law and to avoid divergent practices among Member States, the use of agreements or arrangements concluded by the Union with third countries should be encouraged without prejudice to the possibility of concluding agreements or arrangements with third countries by one or more Member States. Such Union-level instruments provide a common legal and procedural framework for cooperation on asylum and migration, ensure compliance with Union law and standards, and reinforce mutual trust between Member States in the application of the safe third country concept.

Or. en

Amendment 26

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a) In order to reinforce mutual trust between Member States in the application of the safe third country concept and to ensure an efficient enforcement of the regulation, Member States which have signed or are close to concluding agreements or arrangements with third countries may seek to associate other voluntary Member States to the process.

Or. en

Amendment 27

Fabrice Leggeri, Jorge Buxadé Villalba, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

(2b) In the absence of any agreement or arrangement between a Member State and a third country, the Council may envisage to instruct the Commission to conclude one.

Or. en

Amendment 28

Fabienne Keller, Irena Joveva, Nikola Minchev

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Member States should apply the safe third country concept on the basis of a connection between the applicant and the third country concerned, by which it would be reasonable for the applicant to go to that third country. The connection between the applicant and the safe third country should be considered established where members of the applicant’s family are present in that country, where the applicant has previously settled or stayed in that country, or where he or she has other links with this country, such as same or similar language, religion or other cultural and geographical links.

Or. en

Amendment 29

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Hilde Vautmans

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) A Member State should be able to apply the concept of safe third country only where there is a connection between the applicant and the third country on the basis of which it would be reasonable for the applicant to go to that country. The connection between the applicant and the safe third country could be considered established in particular where members of the applicant’s family are present in that country or where the applicant has settled or stayed in that country. The transit by an applicant for international protection through a third country cannot constitute a sufficient connection.

Or. en

Justification

Wording of Regulation (EU) 2024/1348 (APR), Recital 48 and ECJ judgment in C-564/18

Amendment 30

Tomáš Zdechovský

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Member States should have the possibility to apply the safe third country concept on the basis of a connection between the applicant and the third country concerned, provided that the third country demonstrably ensures effective access to protection procedures and guarantees compliance with international human rights and rule-of-law standards, by which it would be reasonable for the applicant to go to that third country.

Or. en

Amendment 31

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Member States should have the possibility to apply the safe third country concept on the basis of a connection between the applicant and the third country concerned, by which it would be reasonable for the applicant to go to that third country. Such a connection may be established, inter alia, if the applicant has family, cultural, linguistic, economic or other similar ties with that country or has stayed there.

Or. en

Amendment 32

Erik Marquardt

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Member States should only have the possibility to apply the safe third country concept on the basis of a connection, meaning a genuine link1a between the applicant and the third country concerned, by which it would be reasonable for the applicant to go to that third country.

__________________

1a Case C-821/19 of the Court of Justice of the European Union

Or. en

Amendment 33

Erik Marquardt

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 34

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The Court of Justice in Case C-564/18 LH has clearly held that transit alone does not constitute a connection with a third country.

Amendment 35

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Hilde Vautmans

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 36

Ewa Zajączkowska-Hernik

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Member States should also have the possibility to apply the safe third country concept to applicants who transited through the territory of a third country before entering the Union, as it is reasonable to expect that a person seeking international protection could have applied for protection in a safe third country through which that person transited. Previous transit through a safe third country provides an objective link between the applicant and the third country concerned. Member States should be free to define in their national law what constitutes transit through a third country. Such transit may in particular include situations where the applicant for protection was present in the transit zone or on the territory of an airport of a third country, stayed at its border, or had the opportunity to request protection from the authorities of that country.

Or. en

Amendment 37

Tomáš Zdechovský

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Member States should also have the possibility to apply the safe third country concept to applicants who transited through the territory of a third country before entering the Union, as it is reasonable to expect that a person seeking international protection could have applied for protection in a safe third country through which that person transited. Previous transit through a safe third country provides an objective link between the applicant and the third country concerned. In such cases, Member States should ensure that the applicant’s return to that country is carried out swiftly and effectively, in full respect of the principle of non-refoulement.

Or. en

Amendment 38

Fabienne Keller, Abir Al-Sahlani, Irena Joveva, Michael McNamara, Nikola Minchev

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Member States should also have the possibility to apply the safe third country concept to applicants who transited through the territory of a third country before entering the Union, provided that there is a connection link between the applicant and that transit country, and that he or she has stayed for a significant period of time on the territory of the third country through which he or she transited.

Or. en

Amendment 39

Sebastian Tynkkynen

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

Or. fi

Amendment 40

Nicola Procaccini, Alessandro Ciriani

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) Due to a need to strengthen cooperation with third countries on addressing irregular migration to the Union, Member States should also have the possibility to apply the safe third country concept on the basis of a legally binding agreement or a non-binding formal or informal arrangement, regardless of their formal designation, concluded with the third country concerned, provided that the agreement or arrangement contains provisions requiring the examination of the merits of any requests for effective protection made in that third country by applicants subject to the agreement or arrangement. With a view to ensuring closer intra-Union cooperation in achieving common goals in the field of migration, this Regulation should enable Member States to apply the safe third country concept to applicants under agreements to which the Union, one or more of its Member States or one or more Member States and third countries, on the one hand, and the safe third country concerned, on the other hand, are parties.

Or. en

Amendment 41

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) Member States applying the safe third country concept should make full use of all grounds set out in Regulation (EU) 2024/1348 before examining an application for international protection on its merits. They should therefore assess, in a comprehensive manner, whether the conditions relating to a connection, transit, or an existing agreement or arrangement with the third country concerned can be effectively applied.

Or. en

Amendment 42

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Member States should ensure that the best interests of the child are a primary consideration in all decisions concerning minors.

Or. en

Amendment 43

Ewa Zajączkowska-Hernik

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) In view of the situation of vulnerability of unaccompanied minors and of the need for targeted support, the concept of safe third country should be applied to unaccompanied minors only where a connection or transit can be established with the third country concerned can be established and the conditions of Article 59(6) of Regulation (EU) 2024/1348 of the European Parliament and of the Council are fulfilled. Nevertheless, where there are well-founded concerns that the unaccompanied minor could endanger national security or public order, or pose a threat to the safety of others, in particular women and children, Member States should be fully entitled to apply the concept of a safe third country in line with the agreements or arrangements concluded with the third country concerned, in order to safeguard the security and integrity of their society.

Or. en

Amendment 44

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) In view of the situation of vulnerability of unaccompanied minors and as Member States are obliged to ensure that the best interests of the child are a primary consideration in all decisions concerning minors, the concept of safe third country should not be applied to minors.

Or. en

Justification

All minors are vulnerable. That is why we have the Convention on the Rights of the Child. The Commission proposes to exclude UAMs and families with minors from Return Hubs in its Return proposal. It is impossible to understand how the provisions on STC should be treated differently.

Amendment 45

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Michael McNamara, Hilde Vautmans

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) In view of the situation of vulnerability of unaccompanied minors and of the need for targeted support, the concept of safe third country should be applied to families with minors and unaccompanied minors only where a connection can be established with the third country concerned can be established and the conditions for unaccompanied minors of Article 59(6) of Regulation (EU) 2024/1348 of the European Parliament and of the Council are fulfilled. Member States should ensure that the best interests of the child are a primary consideration in all decisions concerning minors.

Or. en

Amendment 46

Nadine Morano

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) In order to bolster the effectiveness of the migration policy, in particular the return policy that is intended to be applied to all illegally staying third-country nationals in the EU, regardless of their age and situation, the concept of safe third country should be applied to unaccompanied minors, taking into account, in particular, the need for the targeted and enhanced support required by their situation of vulnerability, but also their best interests.

Or. fr

Amendment 47

Fabienne Keller, Jan-Christoph Oetjen, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Irena Joveva, Michael McNamara, Nikola Minchev, Sophie Wilmès

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

Or. en

Amendment 48

Erik Marquardt

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

Or. en

Amendment 49

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) In order to achieve an efficient enforcement of the provisions regarding the unaccompanied minors, and to ensure that their legitimate interests are taken into account, it is necessary to set up the relevant tools in order to determine the actual age of applicants.

Or. en

Amendment 50

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) It is necessary to enhance transparency regarding the conclusion by Member States of agreements and arrangements with safe third countries, to support Member States and the Commission in establishing a comprehensive approach on the external dimension of migration, and in coordinating their efforts towards third countries for applying the safe third country concept. This would also allow for monitoring whether agreements or arrangements with third countries fulfil the conditions set by this Regulation. It should also enable a more consistent and coherent application of the safe third country concept across the Union and contribute to the overall well-functioning of the Common European Asylum System. To this end, Member States should be required to inform the Commission and other Member States prior to the conclusion of agreements or arrangements with third countries.

(6) It is necessary to enhance transparency regarding the conclusion by Member States of agreements and arrangements with safe third countries. To this end, Member States should be required to inform the Commission and other Member States prior to the conclusion of any agreements or arrangements with third countries related to the safe third country concept.

Or. en

Justification

The increasing number of agreements and arrangements made with third countries in the name of managing migration is anything but transparent. Member States should be obliged to keep all other Member States and the Commission informed if they seek to have an agreement or arrangement which would give effect to the STC concept.

Amendment 51

Erik Marquardt

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) It is necessary to enhance transparency regarding the conclusion by Member States of agreements with third countries. This would also allow for monitoring whether agreements with third countries fulfil the conditions set by this Regulation. To this end, Member States should be required to inform the Commission, the European Parliament and other Member States prior to the conclusion of agreements with third countries.

Or. en

Amendment 52

Fabienne Keller, Abir Al-Sahlani, Irena Joveva, Michael McNamara, Nikola Minchev

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) Agreements with safe third countries for the examination of the merits of requests for effective protection should be transparent and ensure legal certainty and protection of fundamental rights. The conclusion of such agreements at Union level is to be preferred to those between Member States and safe third countries. It is necessary to support Member States and the Commission in establishing a comprehensive approach on the external dimension of migration, and in coordinating their efforts towards third countries for applying the safe third country concept. This would also allow for monitoring whether agreements with third countries fulfil the conditions set by this Regulation. It should also enable a more consistent and coherent application of the safe third country concept across the Union and contribute to the overall well-functioning of the Common European Asylum System. To this end, Member States should be required to inform the Commission, the European Parliament and other Member States that they have entered into negotiations with a view to an agreement with third countries, and of the outcome of such negotiations.

Or. en

Amendment 53

Sebastian Tynkkynen

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) It is necessary to enhance transparency regarding the conclusion by Member States of agreements and arrangements with safe third countries, to support Member States and the Commission in establishing a comprehensive approach on the external dimension of migration, and in coordinating their efforts towards third countries for applying the safe third country concept. This would also allow for monitoring of whether agreements or arrangements with third countries fulfil the conditions set by this Regulation. It should also make it possible for the safe third country concept to be applied effectively in order to reduce migration-related problems across the Union and contribute to the protection of the Union’s borders.

Or. fi

Amendment 54

Fabrice Leggeri, Jorge Buxadé Villalba, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) It is necessary to enhance transparency regarding the conclusion by Member States of agreements and arrangements with safe third countries, in coordinating their efforts towards third countries for applying the safe third country concept. This would also allow for monitoring whether agreements or arrangements between one or more Member States and third countries fulfil the conditions set by this Regulation. To this end, Member States should be required to inform other Member States and may inform the Commission prior to the conclusion of agreements or arrangements with third countries. Any comments made by the Commission on the agreement or arrangement should not be binding on the Member State.

Or. en

Amendment 55

Ewa Zajączkowska-Hernik

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) It is necessary to enhance transparency regarding the conclusion by Member States of agreements and arrangements with safe third countries, to support Member States and the Commission in establishing a comprehensive approach on the external dimension of migration, and in coordinating their efforts towards third countries for applying the safe third country concept. This would also allow for monitoring whether agreements or arrangements with third countries fulfil the conditions set by this Regulation. It should also enable a more consistent and coherent application of the safe third country concept across the Union and contribute to the overall well-functioning of the Common European Asylum System. Member States should be required to inform the Commission and the other Member States of any agreements or arrangements with third countries before their entry into force or, in the case of provisional application, prior to its commencement.

Or. en

Amendment 56

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Hilde Vautmans

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) It is necessary to enhance transparency regarding the conclusion of EU agreements with safe third countries, which fulfil the criteria listed in Art 59(1) of Regulation (EU) 2024/1348 and are in line with Article 59(7), to support the Commission in establishing a comprehensive approach on the external dimension of migration, and in joining efforts towards third countries for applying the safe third country concept. This would also allow for monitoring whether agreements or arrangements with third countries fulfil the conditions set by this Regulation. It should also enable a more consistent and coherent application of the safe third country concept across the Union and contribute to the overall well-functioning of the Common European Asylum System. To this end, the Commission should be required to inform Member States and the European Parliament prior to the conclusion of agreements or arrangements with third countries.

Or. en

Amendment 57

Nadine Morano

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) It is necessary to enhance the number of agreements and arrangements concluded by the Member States with safe third countries, to support Member States and the Commission in establishing a comprehensive approach on the external dimension of migration, and in coordinating their efforts towards third countries for applying the safe third country concept. This would also allow for monitoring whether agreements or arrangements with third countries fulfil the conditions set by this Regulation. It should also enable a more consistent and coherent application of the safe third country concept across the Union and contribute to the overall well-functioning of the Common European Asylum System. To this end, Member States should be required to inform the Commission and other Member States prior to the conclusion of agreements or arrangements with third countries. The Commission should support this process.

Or. fr

Amendment 58

Erik Marquardt

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Member States should be able to take the necessary measures to address the risk that applicants to whom the safe third country concept is being applied abscond, including by restricting freedom of movement pursuant to Article 9 of Directive (EU) 2024/1346 of the European Parliament and of the Council2 , or detaining the applicant concerned in accordance with Article 10 thereof, in order to assess the admissibility of applications.

deleted

__________________

2 Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection (OJ L, 2024/1346, 22.5.2024 , ELI: http://data.europa.eu/eli/dir/2024/1346/oj).

Or. en

Amendment 59

Tomáš Zdechovský

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

__________________

Or. en

Amendment 60

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Michael McNamara, Hilde Vautmans

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Member States should be able to take the necessary measures to address the risk that applicants to whom the safe third country concept is being applied abscond, including by restricting freedom of movement pursuant to Article 9 of Directive (EU) 2024/1346 of the European Parliament and of the Council2, or, as a measure of last resort, detaining the applicant concerned in accordance with Article 10 thereof, in order to assess the admissibility of applications.

__________________

Or. en

Amendment 61

Ewa Zajączkowska-Hernik

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Member States should be able to take all the necessary measures to prevent the risk of escaping of applicants to whom the safe third country concept is being applied, including by restricting freedom of movement pursuant to Article 9 of Directive (EU) 2024/1346 of the European Parliament and of the Council2 , or detaining the applicant concerned in accordance with Article 10 thereof, in order to assess the admissibility of applications.

__________________

Or. en

Amendment 62

Fabienne Keller, Jan-Christoph Oetjen, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To enhance procedural efficiency, the applicant should not have an automatic right to remain on the territory of a Member State for the purpose of an appeal against inadmissibility decisions taken on the basis of the safe third country concept. Nonetheless, the enforcement of the corresponding return decision is to be suspended during the time limit within which the person concerned can exercise his or her right to an effective remedy before a court of first instance and when such appeal is lodged where there is a risk of breach of the principle of non-refoulement.

deleted

Or. en

Amendment 63

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The Commission's justification for removing suspensive effect is that it would allow ‘individuals to be removed from EU territory while their appeal is pending’. Given that no provisions are dedicated to what should happen if an individual's appeal were then successful, given that the Commission itself states that persons should not be transferred where there is a risk of refoulement in that third country, or a risk of serious harm or inhuman or degrading treatment in that third country, given that the co-legislators decided only one year ago in the Pact to maintain suspensive effect in relation to appeals against decisions based on the safe third country concept precisely because of the risk of refoulement where no in merits assessment is made, this justification is entirely unconvincing.

Amendment 64

Ewa Zajączkowska-Hernik

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To enhance procedural efficiency, the applicant should not have an automatic right to remain on the territory of a Member State for the purpose of an appeal against inadmissibility decisions taken on the basis of the safe third country concept. Nonetheless, the enforcement of the corresponding return decision is to be suspended during the time limit within which the person concerned can exercise his or her right to an effective remedy before a court of first instance. If such an appeal is submitted, suspension of enforcement should be granted solely in exceptional and duly justified circumstances, where credible evidence indicates that removal would directly contravene the international protection obligations of the Member State.

Or. en

Amendment 65

Sebastian Tynkkynen

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

Or. fi

Amendment 66

Erik Marquardt

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) To enhance procedural efficiency and ensure the right to an effective remedy, the applicant should always have an automatic right to remain on the territory of a Member State for the purpose of an appeal against inadmissibility decisions taken on the basis of the safe third country concept. The enforcement of the corresponding return decision is to be suspended during the time limit within which the person concerned can exercise his or her right to an effective remedy before a court and when such appeal is lodged.

Or. en

Amendment 67

Erik Marquardt

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

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

(12) This Regulation must be applied in full respect of fundamental rights and observe the principles recognised in particular by the Charter of Fundamental Rights of the European Union and relevant international law.

Or. en

Amendment 68

Fabienne Keller, Irena Joveva, Nikola Minchev

Proposal for a regulation

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

Regulation (EU) 2024/1348

Article 57 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

(-1a) In Article 57, the following paragraph is added:

‘3. In addition to paragraphs 1 and 2, a third country shall be considered to ensure effective protection where there is a public and binding agreement between the Union or a Member State and that third country providing safeguards that requests for effective protection will be examined on the merits. Such agreements may only be applied to applicants having a connection with the respective country. The connection between the applicant and the safe third country shall be considered established where members of the applicant’s family are present in that country, where the applicant has previously settled or stayed in that country, or where he or she has other links with this country, such as same or similar language, religion or other cultural and geographical links. Such agreements shall contain a suspension clause in the event of systemic violations of fundamental rights and failure to provide effective protection to applicants. Member States shall inform the Commission and the other Member States without undue delay that they have entered into negotiations with a view to such an agreement, and of the outcome of those negotiations. The Commission and the Member States shall ensure the monitoring of agreements concluded between a Member State and a third country.’;

Or. en

Amendment 69

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Michael McNamara, Hilde Vautmans

Proposal for a regulation

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

Regulation (EU) 2024/1348

Article 59 – paragraph 2

Present text

Amendment

(-1a) Article 59(2) is replaced by the following:

2.The designation of a third country as a safe third country both at Union and national level may be made with exceptions for specific parts of its territory or clearly identifiable categories of persons.

‘2.The designation of a third country as a safe third country both at Union and national level may be made with exceptions for clearly identifiable categories of persons.’

Or. en

Amendment 70

Fabienne Keller, Jan-Christoph Oetjen, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b

Text proposed by the Commission

Amendment

(a) point (b) is replaced by the following:

deleted

‘ (b) one of the following conditions is met:

i) there is a connection between the applicant and the third country concerned, on the basis of which it would be reasonable for him or her to go to that country;

ii) the applicant has transited through the third country concerned;

iii) there is an agreement or an arrangement with the third country concerned requiring the examination of the merits of the requests for effective protection made by applicants subject to that agreement or arrangement. ’

Or. en

Amendment 71

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – introductory part

Text proposed by the Commission

Amendment

(b) one of the following conditions is met:

(b) if the following condition is met:

Or. en

Amendment 72

Ewa Zajączkowska-Hernik

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point i

Text proposed by the Commission

Amendment

i) there is a connection between the applicant and the third country concerned, on the basis of which it would be reasonable for him or her to go to that country;

deleted

Or. en

Amendment 73

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Hilde Vautmans

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point i

Text proposed by the Commission

Amendment

i) there is a connection between the applicant and the third country concerned, on the basis of which it would be reasonable for him or her to go to that country;

i) there is a connection between the applicant and the third country concerned, on the basis of which it would be reasonable for him or her to go to that country and which could be considered established in particular where members of the applicant’s family are present in that country or where the applicant has settled or stayed in that country. The transit by an applicant for international protection through a third country cannot constitute a sufficient connection;

Or. en

Amendment 74

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point i

Text proposed by the Commission

Amendment

i) there is a connection between the applicant and the third country concerned, on the basis of which it would be reasonable for him or her to go to that country;

i) there is a connection, meaning a genuine link, between the applicant and the third country concerned, on the basis of which it would be reasonable for him or her to go to that country;

Or. en

Amendment 75

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point ii

Text proposed by the Commission

Amendment

ii) the applicant has transited through the third country concerned;

deleted

Or. en

Justification

The Court of Justice in Case C-564/18 LH has clearly held that transit alone does not constitute a connection with a third country.

Amendment 76

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point ii

Text proposed by the Commission

Amendment

ii) the applicant has transited through the third country concerned;

deleted

Or. en

Amendment 77

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point iii

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Amendment 78

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point iii

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 79

Nicola Procaccini, Alessandro Ciriani

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point iii

Text proposed by the Commission

Amendment

iii) there is an agreement or an arrangement concluded between the Union, or one or more Member States or one or more Member States and third countries, on the one hand, and the third country concerned, on the other hand, requiring the examination of the merits of any requests for effective protection made in the third country by applicants covered by that agreement or arrangement.

Or. en

Justification

The addition aims to avoid prejudging any potential future configuration of cooperation

Amendment 80

Ewa Zajączkowska-Hernik

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b – point iii

Text proposed by the Commission

Amendment

iii) there is an agreement or an arrangement concluded between the Union or one or more Member States and the third country concerned requiring the examination of the merits of any requests for effective protection made by applicants subject to that agreement or arrangement.

Or. en

Amendment 81

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (UE) 2024/1348

Article 59 – paragraph 5 – point b – point iii

Text proposed by the Commission

Amendment

iii) there is an agreement or an arrangement between one or more Member States and the third country concerned requiring the examination of the merits of the requests for effective protection made by applicants subject to that agreement or arrangement.

Or. en

Amendment 82

Fabienne Keller, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

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

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – point b a (new)

Text proposed by the Commission

Amendment

(aa) the following point is added:

‘(ba) the applicant has transited through the third country concerned, provided that there is a connection link between the applicant and the transit country, and that he or she has stayed for a significant period of time on the territory of the third country through which he or she transited. .’;

Or. en

Amendment 83

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b – introductory part

Text proposed by the Commission

Amendment

(b) the following two subparagraphs are added:

(b) the following subparagraph is added:

Or. en

Amendment 84

Nadine Morano

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b – introductory part

Text proposed by the Commission

Amendment

(b) the following two subparagraphs are added:

(b) the following paragraph is added:

Or. fr

Amendment 85

Nadine Morano

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 86

Ewa Zajączkowska-Hernik

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

In the application of the first paragraph, point (b), the best interests of the child shall be a primary consideration. The first paragraph, point (b)(iii), shall not apply where the applicant is an unaccompanied minor, unless there are reasonable grounds to consider that the minor poses a risk to national security, public order, or the safety of others.

Or. en

Amendment 87

Fabrice Leggeri, Jorge Buxadé Villalba, Jaroslav Bžoch, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

In the application of the first paragraph, point (b), the best interests of the child shall be a primary consideration.

Or. en

Amendment 88

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

In the application of the first paragraph, point (a), the best interests of the child shall be a primary consideration.

Or. en

Amendment 89

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

As the best interests of the child shall be a primary consideration, the first paragraph, point (b), shall not apply where the applicant is a minor.

Or. en

Justification

All minors are vulnerable. That is why we have the Convention on the Rights of the Child. The Commission propose to exclude UAMs and families with minors from Return Hubs in its Return proposal. It is difficult to understand how this provision should be treated differently.

Amendment 90

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Michael McNamara, Hilde Vautmans

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

In the application of the first paragraph, point (b), the best interests of the child shall be a primary consideration. The first paragraph, point (b)(ii) and (iii), shall not apply to unaccompanied minors or families with minors.

Or. en

Amendment 91

Fabienne Keller, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

In the application of the first subparagraph, points (b) and (c), the best interests of the child shall be a primary consideration. The first subparagraph, point (c), shall not apply where the applicant is an unaccompanied minor.

Or. en

Amendment 92

Fabienne Keller, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

deleted

Or. en

Amendment 93

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

deleted

Or. en

Amendment 94

Ewa Zajączkowska-Hernik

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

Member States shall inform the Commission and the other Member States of any bilateral agreements or arrangements concluded pursuant to the first paragraph, point (b)(iii), before they enter into force or, in cases of provisional application, prior to the start of such provisional application.

Or. en

Amendment 95

Nadine Morano

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii). The Commission shall support Member States that conclude such an agreement or arrangement.

Or. fr

Amendment 96

Jan-Christoph Oetjen, Irena Joveva, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Michael McNamara, Hilde Vautmans

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

Agreements on safe third countries, in line with Article 59(1) of Regulation (EU) 2024/1348, shall be concluded at Union level according to Article 59(7) thereof. The Commission shall inform Member States and the European Parliament prior to concluding an agreement.

Or. en

Amendment 97

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

Member States shall inform the Commission and the other Member States prior to concluding any agreement or arrangement with a third country with a view to implementing the first paragraph, point (b).

Or. en

Justification

Amendment 98

Fabrice Leggeri, Jorge Buxadé Villalba, Tom Vandendriessche, Nikola Bartůšek, António Tânger Corrêa, Matthieu Valet, Petra Steger

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) 2024/1348

Article 59 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

Member States shall inform the other Member States, and should they wish the Commission, prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).

Or. en

Amendment 99

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

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

Regulation (EU) 2024/1348

Article 67 – paragraph 7

Text proposed by the Commission

Amendment

(1a) Article 67(7) is replaced by the following:

‘Member States shall lay down in their national law for applicants, persons subject to withdrawal of international protection and persons recognised as eligible for subsidiary protection, a timeline of between a minimum of two weeks and a maximum of one month to lodge an appeal before a judicial authority of first instance.’

Or. en

Justification

As asylum seekers who are refused asylum at first instance should, under the Asylum Procedure Regulation, receive their return decision together with the refusal of asylum, the timelines for lodging appeals need to be streamlined between the APR and the proposed Return Regulation. At the same time, the separation of powers that is central to rule of law in the Member States, needs to be respected. Furthermore, to ensure that the provisions in Article 17(3) APR can be effectively used by an applicant (who will also be the subject of a return decision), the period of time for lodging an appeal needs to reflect the right to have free legal assistance in the appeal procedure.

Amendment 100

Erik Marquardt

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) 2024/1348

Article 68 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(2) In Article 68 (3), point (b) is replaced by the following:

deleted

‘ (b) a decision which rejects an application as inadmissible pursuant to Article 38(1), point (a), (b), (d) or (e), or Article 38(2), except where the applicant is an unaccompanied minor subject to the border procedure. ’

Or. en

Amendment 101

Ana Catarina Mendes, Birgit Sippel, Juan Fernando López Aguilar, Murielle Laurent, Francisco Assis

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) 2024/1348

Article 68 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(2) In Article 68 (3), point (b) is replaced by the following:

deleted

Or. en

Justification

Amendment 102

Fabienne Keller, Jan-Christoph Oetjen, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) 2024/1348

Article 68 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(2) In Article 68 (3), point (b) is replaced by the following:

deleted

Or. en

Amendment 103

Fabienne Keller, Jan-Christoph Oetjen, Raquel García Hermida-Van Der Walle, Abir Al-Sahlani, Irena Joveva, Nikola Minchev

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 12 June 2026.

Or. en