Parliament’s Committee on Civil Liberties, Justice and Home Affairs voted in favour of amending the asylum regulation so that member states could decide whether a non-EU country is safe for an asylum applicant. The amendment would also allow EU member states to conclude agreements with third countries where requests for protection would be examined.
The Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted on a provisional political agreement reached by Parliament and Council negotiators in December 2025. The amendment is meant to update the 2024 Asylum Law regarding the conditions for applying the rules on safe third countries. If adopted by the Plenary (and also by the Council), it will enter into force in June 2026.
Decisions on case-by-case basis
Under the new rules, at least one of three conditions must be met so that EU countries could apply the concept of safe third countries (STC) in individual cases. First is the case when 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.
The second case applies when applicants have transited through a third country on the way to the EU, where they could have requested effective protection. Third, STC may be applied individually if an agreement or arrangement exists with a third country at 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 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 relating to the safe third country concept.
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As one of the remaining missing pieces of the common European asylum system, this brings long-needed coherence and gives member states the flexibility they need to apply the safe third country concept effectively and consistently. – MEP Lena Düpont (EPP, DEU)
According to rapporteur Lena Düpont, the move is intended to make migration policies credible and operational. “As one of the remaining missing pieces of the common European asylum system, this brings long-needed coherence and gives member states the flexibility they need to apply the concept effectively and consistently,” Ms Düpont said.
Minors to be exempt
Unaccompanied minors will be exempt from the application of safe third country rules on the basis of agreements and arrangements with third countries.
In security cases, rules relating to unaccompanied minors will apply as agreed in the Asylum Procedure Regulation, including provisions on accelerated and border procedures.
