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
LIBE-PR-778391
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Lena Düpont
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This draft report proposes amendments to the Commission's proposal to amend Regulation (EU) 2024/1348 on the safe third country concept. It makes the connection criterion optional, allows agreements concluded by the Union or Member States, and refines rules on unaccompanied minors and suspensive effect of appeals.¶¶¶
Committee position. The rapporteur supports the Commission's proposal with targeted refinements to ensure legal clarity and operational coherence, including making the connection criterion optional and refining rules on suspensive effect.¶¶¶
Key points
- Member States may consider a country's inclusion in a Union or national list of safe countries of origin when assessing safe third country status.¶¶
- The connection between applicant and third country is no longer required; agreements or arrangements concluded by the Union or one or more Member States suffice.¶¶¶
- EU-level agreements with third countries should be encouraged to ensure uniform application and avoid divergent practices.¶¶
- Member States should use all grounds (connection, transit, agreement) before examining an application on its merits; only if none apply should the applicant access the asylum procedure in the Union.¶¶
- For unaccompanied minors, the safe third country concept applies only with a connection or transit, unless the minor poses a danger to national security or public order, in which case agreements may be used.¶¶¶
- Member States must inform the Commission and other Member States when opening negotiations and before concluding agreements or arrangements with third countries.¶
- Member States may take all necessary measures to prevent absconding of applicants subject to the safe third country concept, including restricting freedom of movement or detention.¶¶
- Appeals against inadmissibility decisions no longer automatically suspend removal; suspension may be granted only if there are reasonable grounds to believe removal would breach non-refoulement.¶¶
Who is affected
- Applicants for international protection in the EU, including unaccompanied minors, who may be sent to safe third countries under revised conditions.¶¶¶
- Member States, which gain flexibility in applying the safe third country concept and must notify negotiations and agreements.¶¶
- Third countries, which may be designated as safe based on agreements or arrangements with the EU or Member States.¶
Legal basis: Article 78(2), point (d), of the Treaty on the Functioning of the European Union¶