On Thursday the negotiating team of the Civil Liberties Committee informally agreed with the Council new rules under which member states may decide that a non-EU country is a safe third country (STC) with respect to an asylum applicant who is not a national of that country, and may therefore declare their application inadmissible. The deal builds on a proposal by the Commission to update this provision in the Asylum Procedure Regulation.
The new rules would allow EU countries to apply the STC concept in individual cases where one of these three conditions is met:
- there is a connection between the applicant and a third country; this connection may be considered established if members of the applicant’s family are present in the third country concerned, if the applicant stayed there previously, or if there are linguistic, cultural or similar links.
- applicants have transited through a third country on the way to the Union, where they could have requested effective
- where an agreement or arrangement exists with a third country at a bilateral,multilateral or Union level for the admission of asylum seekers.
Upon conclusion of an agreement or arrangement with a third country, EU countries should have to inform the Commission and other member states before they are provisionally applied, or enter into force, whichever is the earliest. The European Parliament should also be informed about agreements or arrangements at EU level related to the safe third country concept.
Unaccompanied minors will be exempt from the application of safe third country rules based on agreements and arrangements with third countries. In security cases, rules related to unaccompanied minors will apply as agreed in the Asylum Procedure Regulation, including provisions related to accelerated and border procedures.
In line with the Commission proposal applicants should not have an automatic right to remain in the member state where they requested asylum while an appeal to an inadmissibility decision is resolved.
Quote
Rapporteur Lena Düpont (EPP, Germany) said: ” With the Safe Third Country Regulation, we are making the Migration policies credible and operational. As one of the remaining missing pieces of the Common European Asylum System, it brings long-needed coherence and gives member states the flexibility they need to apply the concept effectively and consistently. We want to remove obstacles and ensure that asylum procedures, including return procedures, are faster, clearer and more effective – which is essential to reducing irregular migration and increasing returns. We want to ensure protection is granted where needed, but not automatically inside the EU, if safe and effective protection can be guaranteed elsewhere. Citizens expected us to deliver, and we did.”
Next steps
The agreement needs to be formally adopted by Parliament and Council before it can enter into force.
Background
The Asylum Procedure Regulation (APR) adopted in May 2024 as part of the Migration and Asylum Pact, will apply from 12 June 2026.
Application of the safe third country concept is not mandatory and not all EU countries apply it in practice. Detailed information available here (see the table at the end of it).
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