Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸7 unchanged paragraphs

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 – C100088/2025 – 2025/0132(COD))

(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,

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

Removed– having regard to the opinion of the Committee of the Regions,

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

Changed– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2025),(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

ChangedRecital 12: a(2) (new):The (1a)existence Inof assessinga whetherconnection abetween thirdthe countryapplicant fulfilsand the conditionssafe tothird acountry beis considerednot arequired safeby thirdinternational countryrefugee forlaw, notably the purposesGeneva ofConvention, Regulationor (EU)international 2024/1348,human Memberrights Stateslaw, shouldnotably bethe ableEuropean toConvention takeon intoHuman accountRights. whetherTherefore, thatMember countryStates isshould includedhave inthe apossibility Unionto orapply nationalthe listconcept of safe countries ofthird origin,country aswhere referredno toconnection incan Articlebe 61established ofbetween thatthe Regulation.applicant Theand inclusionthe ofsafe athird country inconcerned, suchprovided athat listan canagreement constituteor arrangement concluded in writing, in a relevantlegally indicationcertain ofand thetransparent generalmanner, humaneither rightsby situationthe andUnion stabilityor inby thatone country.or more Member States should ensure thatwith the applicant wouldthird havecountry effectiveconcerned accessrequires tothe effectiveexamination protectionof inthe thatmerits thirdof countryrequests infor lineeffective withprotection themade principleby ofapplicants non-refoulementsubject andto withthat Regulationagreement (EU)or 2024/1348.arrangement.

Change 2

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 either by the European 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.

AddedRecital 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.

Change 3

ChangedRecital 23: a(3) (new):Member (2a)States Inshould orderhave the possibility to ensureapply uniformthe applicationsafe third country concept on the basis of Uniona lawconnection between the applicant and tothe avoidthird divergentcountry practicesconcerned, amongby Memberwhich States,it would be reasonable for the useapplicant ofto agreementsgo orto arrangementsthat concludedthird bycountry. The connection between the Europeanapplicant Unionand withthe safe third countriescountry shouldcould be encouraged.considered Suchestablished Union-levelin instrumentsparticular providewhere amembers commonof legalthe andapplicant’s proceduralfamily frameworkare forpresent cooperationin onthat asylumcountry andor migration,where ensurethe complianceapplicant withhas Unionsettled lawor andstayed standards,in andthat reinforcecountry, mutualor trustwhere betweenthe Memberapplicant Stateshas inother thelinks applicationwith ofthat country, such as the safesame thirdor countrysimilar concept.language, or other economic, cultural, religious, or geographical links.

Change 4

ChangedRecital 3:4: (3)(4) Member States should also have the possibility to apply the safe third country concept on the basisto ofapplicants awho connectiontransited betweenthrough the applicantterritory andof thea third country concerned,before entering the Union, as it is reasonable to expect that thea applicantperson couldseeking gointernational toprotection andcould applyhave forrequested effective protection in a safe third country through which that country.person transited. Previous transit through a safe third country provides an objective link between the applicant and the third country concerned.

Change 5

ChangedRecital 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 shouldcan make full use of allthe grounds set out in Regulation (EU) 2024/1348 before examining an application for international protection on its merits. They shouldcan 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. Only where none of these conditions can be applied, or where the third country refuses to admit or readmit the applicant, should the applicant be granted access to the asylum procedure within the Union.

Change 6

ChangedRecital 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 where a connection or transit can be established within the thirdlimited countrycircumstances concernedset canout bein establishedthis Regulation and where the conditions of Article 59(6) of Regulation (EU) 2024/1348 ofare thefulfilled. EuropeanWhere Parliamentthe andconcept ofis thebeing Councilapplied areto fulfilled.applicants However,in whereaccordance therewith arean reasonableagreement groundsor toarrangement considerconcluded thatwith thea unaccompaniedthird minorcountry, representsit ashould dangernot, toas nationala securityrule, orbe publicapplied order,to Memberunaccompanied Statesminors shouldunless alsothere beare ablereasonable grounds to applyconsider that concept in accordancethe withunaccompanied theminor agreementsrepresents ora arrangementsdanger concludedto withnational thesecurity thirdor countrypublic concerned.order. In all cases, Member States should ensure that the best interests of the child areshould be a primary consideration for the Member States in all decisions concerning minors.

Change 7

ChangedRecital 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,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 thisthat 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. To this end, Member States should be required to inform the Commission and other Member States when opening negotiations and prior to the conclusion of agreements or arrangements with third countries.

Change 8

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 detaining the applicant concerned in accordance with Article 10 thereof, in order to assess the admissibility of applications.

AddedRecital 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 8: (8) To enhance procedural efficiency, the applicant should not have an automatic right to remain on the territory of a Member State for the purpose of an appeal against inadmissibility decisions taken on the basis of the safe third country concept. Nonetheless, the enforcement of the corresponding return decision is to be suspended during the time limit within which the person concerned can exercise his or her right to an effective remedy before a court of first instance. Where such an appeal is lodged, enforcement may be suspended only if there are reasonable grounds to believe that that removal would result in a breach of the principle of non-refoulement.

AddedRecital 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.

RemovedRegulation (EU) 2024/1348

AddedRecital 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).

RemovedArticle 1 – paragraph 1 – point -1 (new), Article 59 – paragraph 3 – subparagraph 1 a (new): (-1) In Article 59(3) the following subparagraph is added: / In assessing whether a third country fulfils the conditions to be considered a safe third country in accordance with this Article, Member States may take into account whether that country is included in a Union or national list of safe countries of origin as referred to in Article 61 of this Regulation.

RemovedRegulation (EU) 2024/1348

RemovedArticle 1 – paragraph 1 – point 1 – point a, Article 59 – paragraph 5 – point b – point i: i) there is a connection between the applicant and the third country concerned,

▸4 unchanged paragraphs

Regulation (EU) 2024/1348

Article 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.

Regulation (EU) 2024/1348

Article 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.