Application of the ‘safe third country’ concept
TA-10-2026-0026 · P10_TA(2026)0026 · PE778.391
- Adopted in plenary on · Adopted 396–226–30 · See the decision →
- Full procedure 2025/0132
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Parliament's amended version of the proposed regulation amends Regulation (EU) 2024/1348 on the 'safe third country' concept. It sets out conditions for designating a third country as safe and rules for applying this concept in asylum procedures.¶ The amended regulation requires a safe third country to respect certain human rights standards and to provide effective access to protection. It also specifies procedural safeguards for applicants, including individual examination and the right to challenge the application of the concept.
Key points
- A third country may be considered safe only if it has ratified and complies with the Geneva Convention and the European Convention on Human Rights, and if it provides effective access to protection.¶
- The concept of safe third country may only be applied after an individual examination of the applicant's circumstances, including the safety of the country for that specific person.
- Applicants must be informed in writing of the application of the safe third country concept and have the right to challenge it before a court or tribunal.
- Member states must ensure that the safe third country has a connection with the applicant, such as family ties or previous residence, before applying the concept.
- The regulation prohibits the application of the safe third country concept to unaccompanied minors, except under specific conditions ensuring their best interests.
- Member states must conduct a personal interview before applying the concept, unless certain exceptions apply, and must provide legal assistance to applicants.
Who is affected
- Asylum applicants in the EU: they gain procedural rights, including individual examination and the right to challenge the safe third country decision.¶
- Member states' asylum authorities: they must apply stricter criteria and safeguards when using the safe third country concept.
Legal basis: Article 78(2), point (d), of the Treaty on the Functioning of the European Union¶