Parliament and Council negotiators have reached a political agreement to update the rules governing safe third countries in the European Union’s asylum procedures. The deal, reached on Thursday by teams from the Civil Liberties Committee and the Council, aims to clarify when EU member states can consider a non-EU country as a safe third country (STC) for an asylum applicant who is not a national of that country.
The updated rules are based on a proposal from the European Commission to revise this provision within the Asylum Procedure Regulation. Under the new agreement, EU countries may apply the STC concept in individual cases if one of three conditions is met: there is a connection between the applicant and a third country—such as family presence, previous stay, or linguistic and cultural links; applicants transited through a third country where they could have sought protection; or there is an agreement or arrangement with a third country regarding admission of asylum seekers.
Member states must inform both the Commission and other member states before any agreements or arrangements with third countries are provisionally applied or enter into force. The European Parliament should also be notified about agreements at EU level related to the safe third country concept.
Unaccompanied minors will be exempt from these rules when they relate to agreements and arrangements with third countries. In security-related cases, provisions for unaccompanied minors will follow those outlined in the Asylum Procedure Regulation, including accelerated and border procedures.
In line with the Commission’s proposal, applicants will not have an automatic right to remain in an EU member state while appealing an inadmissibility decision.
Rapporteur Lena Düpont (EPP, Germany) commented: “With the Safe Third Country Regulation, we are making 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. We want to remove obstacles and ensure that asylum procedures, including return procedures, are faster, clearer and more effective – which is essential to reduce irregular migration and increase 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. Citizens expected us to deliver, and we did.”
The agreement still requires formal adoption by both Parliament and Council before it comes into effect.
The Asylum Procedure Regulation was adopted in May 2024 as part of broader reforms under the Migration and Asylum Pact. It will start applying from June 12, 2026. Not all EU countries currently use the safe third country concept in practice.
