Establishment of a list of safe countries of origin at Union level

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Recital 1
   Current text

   (1) Under Regulation (EU) 2024/1348 of the European Parliament and the Council3, specific rules may apply where an applicant comes from a safe country of origin. In particular, the examination of an application has to be accelerated and, if the applicant has not yet been authorised to enter Member States’ territory, a Member State may examine the merits of an application in a border procedure. __________________ 3 Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj).

   Amendment

   (1) Under Regulation (EU) 2024/1348 of the European Parliament and the Council3, specific rules may apply where an applicant comes from a safe country of origin. In particular, the examination of an application has to be accelerated and, if the applicant has not yet been authorised to enter Member States’ territory, a Member State may examine the merits of an application in a border procedure. Regulation (EU) 2024/1348 also provides for the designation of safe countries of origin at Union level, taking into account the conditions laid down in Article 61 of that Regulation. __________________ 3 Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing…

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2. Amendment 2Proposal for a regulation · Recital 1 a (new)
   Amendment

   (1a) The Pact on Migration and Asylum introduces a comprehensive framework for the management of migration in the Union. It also reinforces the Union’s external dimension by strengthening cooperation with international partners and third countries. The designation of a safe country of origin constitutes an essential instrument for ensuring efficient and predictable procedures within the asylum system. The use of accelerated procedures does not alter or diminish the safeguards and guarantees laid down in Union law and the Charter of Fundamental Rights of the European Union. Such procedures provide for applications that are likely to be unfounded to be processed rapidly and thus allow for swif…

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3. Amendment 3Proposal for a regulation · Recital 2
   Current text

   (2) It is necessary to strengthen the application of the safe country of origin concept as an essential tool to support the swift examination of applications that are likely to be unfounded by designating third countries as safe countries of origin. It is also necessary to address some of the existing divergences between Member States’ national lists of safe countries of origin. Therefore a list of safe countries of origin at Union level should be established. While Member States retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe countries of origin at Union level, such common designation at Union…

   Amendment

   (2) It is necessary to strengthen the application of the safe country of origin concept as an essential tool to support the swift examination of applications that are likely to be unfounded by designating third countries as safe countries of origin. It is also necessary to address some of the existing divergences between Member States’ national lists of safe countries of origin. Therefore a list of safe countries of origin at Union level should be established. While Member States retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe countries of origin at Union level, such common designation at Union…

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4. Amendment 4Proposal for a regulation · Recital 3
   Current text

   (3) The fact that a third country is considered as a safe country of origin, either at Union or at national level, cannot constitute an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an individual examination of the application for international protection. Member States may apply the concept of a safe country of origin only where the applicant cannot provide elements justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment, and provided that the applicant has the nationality of that country or he or she is a stateless person and was formerly habitual…

   Amendment

   (3) The fact that a third country is considered as a safe country of origin, either at Union or at national level, cannot constitute an absolute guarantee of safety for nationals of that country and therefore does not dispense with the need to conduct an individual examination of the application for international protection. Member States may apply the concept of a safe country of origin where the applicant cannot provide genuine and fact-based elements or legal evidence justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment, and provided that the applicant has the nationality of that country or he or she is a statel…

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5. Amendment 5Proposal for a regulation · Recital 5
   Current text

   (5) The assessment of the situation in other third countries is based on a range of relevant and available sources of information, including information from Member States, the European Union Agency for Asylum (‘the Asylum Agency’), the European External Action Service, the United Nations High Commissioner for Refugees, and other relevant international organisations. The assessment also takes into account where available the common analysis of the country of origin information referred to in Article 11 of Regulation (EU) 2021/2303 of the European Parliament and of the Council4 , in accordance with Regulation (EU) 2024/1348. __________________ 4 Regulation (EU) 2021/2303 of the European Parli…

   Amendment

   (5) The assessment of the situation in other third countries to be designated as safe countries of origin is based on a range of relevant and available sources of information, including information from Member States, the European Union Agency for Asylum (‘the Asylum Agency’), the European External Action Service, the United Nations High Commissioner for Refugees, and other relevant international organisations. In order to ensure efficiency, the sources should be accessible, reliable and up to date. The assessment also takes into account where available the common analysis of the country of origin information referred to in Article 11 of Regulation (EU) 2021/2303 of the European Parliament a…

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6. Amendment 6Proposal for a regulation · Recital 5 a (new)
   Amendment

   (5a) The designation of a third country as a safe country of origin under this Regulation is based on reliable, official and duly substantiated sources. Moreover, the designation reflects the general situation in that country and is not affected by the individual circumstances, which may only be assessed for the purposes of determining whether the safe country of origin concept should exceptionally not be applied in a specific case. Therefore, national judicial review should examine the detailed evidence regarding an applicant’ s individual situation justifying, in his or her case, the inapplicability of the concept of safe country of origin and not the designation as such.

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7. Amendment 7Proposal for a regulation · Recital 6
   Current text

   (6) The EU candidate countries have been granted this status by the European Council through a unanimous decision, following a recommendation from the European Commission. With regard, in particular, to the political criteria for EU membership, the EU candidate countries were found to have advanced towards reaching the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. It can, therefore, be concluded that those third countries that have been granted EU candidate status should be designated as safe countries of origin, except where the following circumstances apply: there is a serious and individual threat to a civilia…

   Amendment

   (6) The EU candidate countries have been granted this status by the European Council through a unanimous decision, following a recommendation from the European Commission. With regard, in particular, to the political criteria for EU membership, the EU candidate countries were found to have advanced towards reaching the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. Given that the accession process itself entails continuous and comprehensive monitoring of their compliance with the Copenhagen criteria, it can, therefore, be concluded that those third countries that have been granted EU candidate status should be des…

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8. Amendment 8Proposal for a regulation · Recital 6 a (new)
   Amendment

   (6a) In situations where the Union activates temporary protection in respect of a specific candidate country, it should be presumed that the condition of a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country is fulfilled.

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9. Amendment 9Proposal for a regulation · Recital 6 b (new)
   Amendment

   (6b) To ensure uniform application of this Regulation across all Member States, it is necessary to establish a clear and coordinated mechanism for determining when a candidate country should no longer be considered as a safe country of origin. The Commission should also maintain a consolidated registry of Union restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union adopted in respect of third countries and inform Member States without delay of any modification.

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10. Amendment 10Proposal for a regulation · Recital 6 c (new)
    Amendment

    (6c) The Commission, assisted by the Asylum Agency, should review the situation in candidate countries designated as safe countries of origin at Union level. Where there is a significant change for the worse in the situation of a candidate country and following a substantiated assessment, the Commission should be able to suspend the designation of a candidate country as a safe country of origin at Union level by means of a delegated act. The Commission should also be able to extend the suspension of the designation of a candidate country as a safe country of origin at Union level for a period of six months, with a possibility to renew that extension for successive periods of six months as lo…

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11. Amendment 11Proposal for a regulation · Recital 6 d (new)
    Amendment

    (6d) In order to address significant changes for the worse in a candidate country designated as a safe country of origin at Union level, the power to adopt acts in accordance with Article 290 of the Treaty on the functioning of the European Union should be delegated to the Commission in respect of suspending the designation of that candidate country as a safe country of origin at Union level where the Commission considers, on the basis of a substantiated assessment, that the conditions set by this Regulation are no longer met, and to extend the suspension of the designation of a candidate country as a safe third country or a safe country of origin at Union level. It is of particular importan…

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12. Amendment 12Proposal for a regulation · Recital 6 e (new)
    Amendment

    (6e) The Commission should furthermore regularly review the situation in candidate countries designated as safe countries of origin at Union level as regard to whether any of the following circumstances apply: there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country; restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of the country’s actions affecting fundamental rights and freedoms and that are relevant for the designation of a third country as a safe country of origin; or w…

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13. Amendment 13Proposal for a regulation · Recital 6 f (new)
    Amendment

    (6f) In order to address the changes of circumstances in a candidate country designated as a safe country of origin at Union level, the power to adopt acts in accordance with Article 290 of the Treaty on the functioning of the European Union should be delegated to the Commission in respect of suspending the designation of that candidate country, in whole or in part, as a safe country of origin at Union level and in respect of extending the suspension of the designation of a candidate country, in whole or in part, as a safe country of origin at Union level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert l…

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14. Amendment 14Proposal for a regulation · Recital 6 g (new)
    Amendment

    (6g) When the period of validity of the delegated act and its extensions expires, without a new delegated act being adopted, the designation of a candidate country as a safe country of origin at Union level should no longer be suspended.

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15. Amendment 15Proposal for a regulation · Recital 11
    Current text

    (11) With regard to India, according to the information from the Asylum Agency, 9 Member States currently designate India as a safe country of origin at national level, and the Union-wide recognition rate for applicants from India was 2% in 2024. The country has ratified the main international human rights instruments. India is a constitutional republic and a parliamentary democracy. There are no indications of expulsion, removal or extradition of citizens of India to countries where there is a risk of death penalty, torture, persecution, or inhuman or degrading treatment. There is, in general, no real risk of serious harm within the meaning of Article 15 of the Regulation (EU) 2024/1347. Wh…

    Amendment

    (11) With regard to India, according to the information from the Asylum Agency, 9 Member States currently designate India as a safe country of origin at national level, and the Union-wide recognition rate for applicants from India was 2% in 2024. The country has ratified the main international human rights instruments. India is a constitutional republic and a parliamentary democracy. There are no indications of expulsion, removal or extradition of citizens of India to countries where there is a risk of death penalty, torture, persecution, or inhuman or degrading treatment. There is, in general, no real risk of serious harm within the meaning of Article 15 of the Regulation (EU) 2024/1347. Wh…

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16. Amendment 16Proposal for a regulation · Recital 18
    Current text

    (18) Considering that the migratory situation can rapidly change and there is increased pressure resulting from the arrivals of mixed flows with a high proportion of those with low chances of receiving international protection, Member States should be able to apply the ground for accelerating the examination of applications set out in Article 41(1)(j) of Regulation (EU) 2024/1348, from an earlier date than the general date of application of that Regulation. This would allow Member States to react quickly and in a flexible manner to changes in the migratory flows. Considering that applications from such applicants are likely to be unfounded, dealing with them swiftly in an accelerated or a bo…

    Amendment

    (18) Considering that the migratory situation can rapidly change and there is increased pressure resulting from the arrivals of mixed flows with a high proportion of those with low chances of receiving international protection, Member States should be able to apply the ground for accelerating the examination of applications set out in Article 42(1), point (j), of Regulation (EU) 2024/1348, from an earlier date than the general date of application of that Regulation. This would allow Member States to react quickly and in a flexible manner to changes in the migratory flows. Considering that applications from such applicants are likely to be unfounded, dealing with them swiftly in an accelerate…

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17. Amendment 17Proposal for a regulation · Recital 20 a (new)
    Amendment

    (20a) The Commission is to continuously review the list of safe third countries of origin at Union level, by proposing the addition of further countries in accordance with the conditions laid down in Regulation 2024/1348. Union-wide recognition rate lower than 20% and the inclusion in national lists of safe third countries of origin should be used as relevant indicators for such modifications.

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18. Amendment 18Proposal for a regulation · Recital 23
    Current text

    (23) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the EU.

    Amendment

    (23) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the EU, while ensuring a balanced implementation that also upholds the Union objectives of maintaining credible asylum procedures, effective migration management and the protection of the external borders.

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19. Amendment 19Proposal for a regulation · Article 1 – paragraph 1 – point 1 – introductory part
    Current text

    (1) Article 62, paragraph 1 is amended as follows:

    Amendment

    (1) Article 62 is amended as follows:

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20. Amendment 20Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point a · Regulation (EU) 2024/1348 · Article 62 – paragraph 1
    Current text

    1. The countries that have been granted the status of candidate states for accession to the Union are designated as safe countries of origin at Union level, unless one of more of the following circumstances apply:

    Amendment

    1. The countries that have been granted the status of candidate countries for accession to the Union (“candidate countries”) are designated as safe countries of origin at Union level, taking into account the conditions laid down in Article 61, unless one of more of the following circumstances apply to them:

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21. Amendment 21Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point a · Regulation (EU) 2024/1348 · Article 62 – paragraph 1 – point a
    Current text

    (a) there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country;

    Amendment

    (a) there is a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in the country; activation of temporary protection pursuant to Directive 2001/55/EC of the European Parliament and of the Council1 in respect of a country shall be considered sufficient to establish the existence of such a threat in that country; _____________ 1 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the conseq…

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22. Amendment 22Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point a · Regulation (EU) 2024/1348 · Article 62 – paragraph 1 – point b
    Current text

    (b) restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of the country’s actions;

    Amendment

    (b) restrictive measures within the meaning of Title IV of Part Five of the Treaty on the Functioning of the European Union have been adopted in view of that country’s actions affecting fundamental rights and freedoms and that are relevant for the designation of a third country as a safe country of origin as set out in Article 61;

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23. Amendment 23Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point a · Regulation (EU) 2024/1348 · Article 62 – paragraph 1 – subparagraph 1 a (new)
    Amendment

    The Commission shall regularly assess whether any of the circumstances referred to in points (a), (b), or (c) apply to a candidate country. Where the Commission considers that circumstances referred to in points (a), (b), or (c) apply to a candidate country, it shall adopt a delegated act in accordance with Article 74 and subject to the conditions set out in Article 63. If the Commission considers that the threat referred to under point (a) is limited to a specific geographical area, the Commission may decide to only suspend a specific part of the territory of that candidate country, clearly stating which part is excluded.

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24. Amendment 24Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point a · Regulation (EU) 2024/1348 · Article 62 – paragraph 1 – subparagraph 1 b (new)
    Amendment

    For the purposes of point (b), the Commission shall compile and maintain a consolidated registry of all restrictive measures adopted in respect of candidate countries and shall make it available to Member States.

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25. Amendment 25Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point b · Regulation (EU) 2024/1348 · Article 62 – paragraph 1a
    Current text

    1a. The third countries listed in Annex II shall be designated as safe countries of origin at Union level;

    Amendment

    1a. The third countries listed in Annex II shall be designated as safe countries of origin at Union level taking into account the conditions laid down in Article 61;

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26. Amendment 26Proposal for a regulation · Article 1 – paragraph 1 – point 1 a (new) – point a (new) · Regulation (EU) 2024/1348 · Article 63 – paragraph 1 a (new)
    Amendment

    (1a) Article 63 is amended as follows: (a) the following paragraph is inserted: ‘1a. In the event of the Commission assessing that the circumstances referred to in Article 62 (1) points (a), (b), or (c) apply to a candidate country, it shall adopt a delegated act in accordance with Article 74 to suspend the designation of that third country as a safe country of origin at Union level for a period of six months. A suspension due to the circumstance in Article 62 (1) point (a), may be made for specific parts of the third country’s territory.’

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27. Amendment 27Proposal for a regulation · Article 1 – paragraph 1 – point 1 a (new) – point b (new) · Regulation (EU) 2024/1348 · Article 63 – paragraph 2
    Current text

    2. The Commission shall continuously review the situation in the third country referred to in paragraph 1 taking into account, inter alia, information provided by the Member States and the Asylum Agency regarding subsequent changes in the situation of that third country.

    Amendment

    (b) paragraph 2 is replaced by the following: ‘2. The Commission shall continuously review the situation in the third country referred to in paragraph 1 and 1a taking into account, inter alia, information provided by the Member States and the Asylum Agency regarding subsequent changes in the situation of that third country. ’

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28. Amendment 28Proposal for a regulation · Article 1 – paragraph 1 – point 1 a (new) – point c (new) · Regulation (EU) 2024/1348 · Article 63 – paragraph 2 a (new)
    Amendment

    (c) the following paragraph is inserted: ‘2a. Where the Commission has adopted a delegated act in accordance with paragraph 1 or 1a suspending the designation of a candidate country, in whole or in part, as a safe country of origin at Union level, it shall adopt before the expiry of that delegated act subsequent delegated acts for periods of six months at a time if it considers that the circumstances that justified the suspension persist. If the Commission considers that the circumstances no longer apply, the candidate country concerned shall be reinstated as a safe country of origin at Union level once the delegated act expires. ’

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29. Amendment 29Proposal for a regulation · Article 1 – paragraph 1 – point 1 a (new) – point d (new) · Regulation (EU) 2024/1348 · Article 63 – paragraph 3
    Current text

    3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country or as a safe country of origin at Union level, it shall, within three months of the date of adoption of that delegated act, submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country’s designation as a safe third country or of safe country of origin at Union level.

    Amendment

    (d) paragraph 3 is replaced by the following: ‘3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country or as a safe country of origin at Union level listed in Annex II, it shall, within three months of the date of adoption of that delegated act, submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country’s designation as a safe third country or of safe country of origin at Union level. ’

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30. Amendment 30Proposal for a regulation · Article 1 – paragraph 1 – point 2 – point a · Regulation (EU) 2024/1348 · Article 79 – paragraph 2 – subparagraph 2
    Current text

    However, Article 59(2), Article 61(2) and Article 61(5) point (b) shall apply from the day of entry into force of Regulation (EU) ...¦/...¦[amending Regulation (EU) 2024/1348] as regards the application of the concept of ‘safe third country’ in accordance with Articles 36 and 37 Directive 2013/32/EU and that of ‘safe country of origin’ in accordance with Article 38 of Directive 2013/32/EU.;

    Amendment

    However, Article 59(2), Article 61(2) and Article 61(5) point (b) shall apply from the day of entry into force of Regulation (EU) ...¦/...¦[amending Regulation (EU) 2024/1348] as regards the application of the concept of ‘safe country of origin’ in accordance with Articles 36 and 37 Directive 2013/32/EU and that of ‘safe third country’ in accordance with Article 38 of Directive 2013/32/EU.;

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31. Amendment 31LIBEProposal for a regulation

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32. Amendment 32The LeftProposal for a regulation

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