Members of the European Parliament’s Civil Liberties Committee have voted to support changes to the criteria for designating a non-EU country as safe for asylum applicants. The committee adopted its position on Wednesday, with 40 votes in favor and 32 against, regarding updates to the rules under which EU member states may declare an asylum application inadmissible if the applicant could be sent to a “safe third country” (STC).
The new rules would allow EU countries to apply the STC concept in individual cases if one of three conditions is met: there is a connection between the applicant and the third country; the applicant transited through a third country where they could have requested protection; or there is a written agreement or arrangement with that third country. The committee clarified that connections may include family presence, previous stays, or links such as language or culture.
According to MEPs, international refugee and human rights law does not require proof of connection between an applicant and a safe third country for this rule to be applied. They also called for any agreements on behalf of the EU concerning safe third countries to be negotiated transparently and for Parliament to be informed from the start.
Unaccompanied minors are set to be exempt from these rules unless they pose security risks. Additionally, applicants will not have an automatic right to remain in the EU during appeals against decisions declaring their applications inadmissible under these rules.
Rapporteur Lena Düpont (EPP, Germany) stated: “With the Safe Third Country Regulation, we are making the Migration Pact credible and operational. As one of the remaining missing pieces of the Common European Asylum System, it 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 reducing irregular migration and increasing 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. Now we must move swiftly to conclude this key pillar of a functioning Pact.”
The decision on whether negotiations with the Council will begin is expected at an upcoming plenary session. If endorsed by Parliament, discussions on finalizing legislation can proceed.
These proposed changes stem from a review required by article 59 of the Asylum Procedure Regulation (APR), which was adopted in May 2024 as part of broader reforms under the Migration and Asylum Pact. The APR will take effect from June 12, 2026.
Applying safe third country provisions remains optional for member states; not all currently use this approach.
