MEPs in the Civil Liberties Committee adopted, with 40 votes in favour, 32 against and no abstention, their position on the 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, and declare the application inadmissible. The text adopted is in line with a proposal by the Commission to update this provision in the Asylum Procedure Regulation.
The new rules would require one of the three following conditions be met where EU countries choose to apply the STC concept in individual cases:
- a connection between the applicant and the third country; MEPs propose this connection may be considered established where members of the applicant’s family are present in the third country concerned, if the applicant stayed there previously, or if there are linguistic, economic, cultural, religious or geographical links
- applicants have transited through a third country where they could have requested effective protection
- where an agreement or arrangement to this scope is concluded with a third country; MEPs want these arrangements to be concluded in writing, in a legally sound and transparent manner. Agreements and arrangements at the EU level are encouraged to avoid divergent practices between EU member states.
The existence of a connection between the applicant and a safe third country is not required by international refugee or human rights law to apply the safe third country concept, MEPs say, in line with the original Commission proposal.
MEPs want to be informed from the start of any negotiations on agreements or arrangements on behalf of the EU touching on the issue of safe third countries. Unaccompanied minors should be exempt from the application of safe third country rules based on agreements and arrangements, unless there are reasonable grounds to consider they present a danger to national security or public order.
MEPs endorsed the Commission proposal that applicants should not have an automatic right to remain in the EU in case of an appeal against a decision that their asylum application is inadmissible on the basis of the application of the safe third country rules.
Quote
Rapporteur Lena Düpont (EPP, Germany) said: ” With the Safe Third Country Regulation, we are making the Migration Pact 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. Now we must move swiftly to conclude this key pillar of a functioning Pact.”
Next steps
The decision to enter negotiations with the Council is expected to be announced in the upcoming plenary session. After Parliament endorses it, talks on the final shape of the legislation can start.
Background
The Asylum Procedure Regulation (APR) adopted in May 2024 as part of the Migration and Asylum Pact, will apply from 12 June 2026.
The APR (in its article 59) sets up the conditions to designate a non-EU country as a safe third country with respect to possible returns of asylum applicants. At the time of its adoption, it was decided that the Commission would review the concept of safe third country by June 2025. The proposal under consideration comes from this review.
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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