Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP10_TA(2026)0026

Changedon the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2024/1348 as regards the applicationApplication of the ‘safe third country’ concept

Removed(COM(2025)0259 – C100088/2025 – 2025/0132(COD))

AddedCommittee on Civil Liberties, Justice and Home Affairs

AddedPE778.391

AddedEuropean Parliament legislative resolution of 10 February 2026 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 (COM(2025)0259 – C10-0088/2025 – 2025/0132(COD))

▸6 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2025)0259),

– having regard to Article 294(2) and Article 78(2), point (d), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100088/2025),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 23 October 2025,

Added– having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2025 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

▸5 unchanged paragraphs

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0255/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 2: (2) The existence of a connection between the applicant and the safe third country is not required by international refugee law, notably the Geneva Convention, or international human rights law, notably the European Convention on Human Rights. Therefore, Member States should have the possibility to apply the concept of safe third country where no connection can be established between the applicant and the safe third country concerned, provided that an agreement or arrangement concluded in writing, in a legally certain and transparent manner, either by the Union or by one or more Member States with the third country concerned requires the examination of the merits of requests for effective protection made by applicants subject to that agreement or arrangement.

AddedP10_TC1-COD(2025)0132

RemovedRecital 2 a (new): (2a) In order to ensure uniform application of Union law and to avoid divergent practices among Member States, the use of agreements or arrangements concluded by the Union with third countries is encouraged. Such Union-level instruments provide a common legal and procedural framework for cooperation on asylum and migration, ensure compliance with Union law and standards, and reinforce mutual trust between Member States in the application of the safe third country concept.

AddedPosition of the European Parliament adopted at first reading on 10 February 2026 with a view to the adoption of Regulation (EU) 2026/… of the European Parliament and of the Council amending Regulation (EU) 2024/1348 as regards the application of the concept of safe third country

RemovedRecital 3: (3) Member States should have the possibility to apply the safe third country concept on the basis of a connection between the applicant and the third country concerned, by which it would be reasonable for the applicant to go to that third country. The connection between the applicant and the safe third country could be considered established in particular where members of the applicant’s family are present in that country or where the applicant has settled or stayed in that country, or where the applicant has other links with that country, such as the same or similar language, or other economic, cultural, religious, or geographical links.

Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2026/463.)

RemovedRecital 4: (4) Member States should also have the possibility to apply the safe third country concept to applicants who transited through the territory of a third country before entering the Union, as it is reasonable to expect that a person seeking international protection could have requested effective protection in a safe third country through which that person transited. Previous transit through a safe third country provides an objective link between the applicant and the third country concerned.

RemovedRecital 4 a (new): (4a) In order to preserve the effectiveness of the safe third country concept and to ensure a coherent application across the Union, Member States applying that concept can make full use of the grounds set out in Regulation (EU) 2024/1348 before examining an application for international protection on its merits. They can therefore assess, in a comprehensive manner, whether the conditions relating to a connection, transit, or an existing agreement or arrangement with the third country concerned can be effectively applied.

RemovedRecital 5: (5) In view of the situation of vulnerability of unaccompanied minors and of the need for targeted support, the concept of safe third country should be applied to unaccompanied minors only in the limited circumstances set out in this Regulation and where the conditions of Article 59(6) of Regulation (EU) 2024/1348 are fulfilled. Where the concept is being applied to applicants in accordance with an agreement or arrangement concluded with a third country, it should not, as a rule, be applied to unaccompanied minors unless there are reasonable grounds to consider that the unaccompanied minor represents a danger to national security or public order. In all cases, the best interests of the child should be a primary consideration for the Member States in all decisions concerning minors.

RemovedRecital 6: (6) It is necessary to enhance transparency regarding the conclusion by the Union or Member States of agreements and arrangements with safe third countries that fulfil the criteria set out in Regulation (EU) 2024/1348, to support Member States and the Commission in establishing a comprehensive approach on the external dimension of migration, and in coordinating their efforts towards third countries for applying the safe third country concept. This would also allow for monitoring whether agreements or arrangements between the Union or one or more Member States with third countries fulfil the conditions set by that Regulation. It should also enable a more consistent and coherent application of the safe third country concept across the Union and contribute to the overall well-functioning of the Common European Asylum System.

RemovedRecital 6 a (new): (6a) The Member States and the European Parliament must be informed when negotiations are opened on behalf of the Union and, prior to the conclusion of any agreements or arrangements with third countries related to the safe third country concept, of the outcome of such negotiations.

RemovedRecital 6 b (new): (6b) Member States should be required to inform the Commission and other Member States prior to the conclusion of agreements or arrangements with third countries related to the safe third country concept.

RemovedRecital 7: (7) Member States should be able to take all the necessary measures to prevent the risk of absconding of applicants to whom the safe third country concept is being applied, including by restricting freedom of movement pursuant to Article 9 of Directive (EU) 2024/1346 of the European Parliament and of the Council2, or, as a measure of last resort, detaining the applicant concerned in accordance with Article 10 thereof, in order to assess the admissibility of applications. / 2 Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection (OJ L, 2024/1346, 22.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1346/oj).

RemovedRegulation (EU) 2024/1348

RemovedArticle 1 – paragraph 1 – point 1 – point a, Article 59 – paragraph 5 – point b – point iii: iii) there is an agreement or an arrangement concluded by the Union or one or more Member States with the third country concerned requiring the examination of the merits of the requests for effective protection made by applicants subject to that agreement or arrangement.

RemovedRegulation (EU) 2024/1348

RemovedArticle 1 – paragraph 1 – point 1 – point b, Article 59 – paragraph 5 – subparagraph 2: In the application of the first paragraph, point (b), the best interests of the child shall be a primary consideration. The first paragraph, point (b)(iii), shall not apply where the applicant is an unaccompanied minor, unless there are reasonable grounds to consider that the unaccompanied minor represents a danger to national security or public order under national law.