Proposal for the implementation of the “safe third country” concept

The Commission proposes to facilitate the implementation of the safe third country concept.

The Commission has proposed some rules that will facilitate the implementation by Member States of the safe third country concept. This will speed up asylum processes and reduce pressure on asylum systems, while preserving legal safeguards for applicants and ensuring respect for fundamental rights. The safe third country concept allows Member States to consider an asylum application inadmissible when applicants can receive effective protection in a third country that is considered safe for them.

The proposal fulfils the requirement under the Migration and Asylum Pact that the Commission reviews the application of the safe third country concept by June 2025. The Commission has examined the safe third country concept and its application under the Asylum Regulation in the light of the requirements set out in international and EU law, including the EU Charter of Fundamental Rights.

Accordingly, the Commission proposes the following changes to the conditions under which the concept can be applied:

• The connection between the applicant and the safe third country is no longer mandatory. Member States may choose to apply the safe third country concept where there is a connection under national law.
• Transit through a safe third country prior to arrival in the EU can now also be considered as a sufficient link to apply the safe third country concept.
• Where there is no connection or transit, the concept may apply if there is an agreement or arrangement with a safe third country. Such an agreement or arrangement shall ensure that the application for actual protection in the safe third country is examined so that applicants can be granted protection if justified. This option will not apply to unaccompanied minors.
• In addition, in order to reduce procedural delays and avoid abuses, the Commission proposes that appeals against inadmissibility decisions based on the safe third country concept should no longer have an automatic suspensive effect.
• The proposal also requires Member States to inform the Commission and the other Member States before concluding agreements or arrangements with safe third countries. This will allow the Commission to monitor that these agreements or arrangements comply with the conditions set out in EU law.

Under EU law, third countries can be considered safe when they fulfil a number of conditions, such as protection against refoulement, the absence of a real risk of serious harm and threats to life and liberty on grounds of race, religion, nationality, membership of a social group or political opinion, as well as the possibility to request and receive effective protection.

It is now up to the European Parliament and the Council to reach an agreement on this proposal.

More information on the Proposal to amend Regulation (EU) 2024/1384 as regards the application of the “safe third country” concept: European Commission