Application of the ‘safe third country’ concept

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 2
   Current text

   (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 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.

   Amendment

   (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 in writing, in a legally certain and transparent manner, either by the Union or by one or more Member States with the third country concerned requires the examination of the merits of requests for effective pr…

   Excerpt — full text in the official PDF.
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2. Amendment 2Proposal for a regulation · Recital 2 a (new)
   Amendment

   (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.

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

   (3) Member States should have the possibility to apply the safe third country concept on the basis of a connection between the applicant and the third country concerned, by which it would be reasonable for the applicant to go to that third country.

   Amendment

   (3) Member States should have the possibility to apply the safe third country concept on the basis of a connection between the applicant and the third country concerned, by which it would be reasonable for the applicant to go to that third country. The connection between the applicant and the safe third country could be considered established in particular where members of the applicant’s family are present in that country or where the applicant has settled or stayed in that country, or where the applicant has other links with that country, such as the same or similar language, or other economic, cultural, religious, or geographical links.

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

   (4) Member States should also have the possibility to apply the safe third country concept to applicants who transited through the territory of a third country before entering the Union, as it is reasonable to expect that a person seeking international protection could have applied for protection in a safe third country through which that person transited. Previous transit through a safe third country provides an objective link between the applicant and the third country concerned.

   Amendment

   (4) Member States should also have the possibility to apply the safe third country concept to applicants who transited through the territory of a third country before entering the Union, as it is reasonable to expect that a person seeking international protection could have requested effective protection in a safe third country through which that person transited. Previous transit through a safe third country provides an objective link between the applicant and the third country concerned.

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5. Amendment 5Proposal for a regulation · Recital 4 a (new)
   Amendment

   (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 can make full use of the grounds set out in Regulation (EU) 2024/1348 before examining an application for international protection on its merits. They can 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.

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6. Amendment 6Proposal for a regulation · Recital 5
   Current text

   (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 with the third country concerned can be established and the conditions of Article 59(6) of Regulation (EU) 2024/1348 of the European Parliament and of the Council are fulfilled. Member States should ensure that the best interests of the child are a primary consideration in all decisions concerning minors.

   Amendment

   (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 in the limited circumstances set out in this Regulation and where the conditions of Article 59(6) of Regulation (EU) 2024/1348 are fulfilled. Where the concept is being applied to applicants in accordance with an agreement or arrangement concluded with a third country, it should not, as a rule, be applied to unaccompanied minors unless there are reasonable grounds to consider that the unaccompanied minor represents a danger to national security or public order. In all cases, the best interests of the child…

   Excerpt — full text in the official PDF.
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7. Amendment 7Proposal for a regulation · Recital 6
   Current text

   (6) It is necessary to enhance transparency regarding the conclusion by Member States of agreements and arrangements with safe third countries, 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 with third countries fulfil the conditions set by this 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 Asy…

   Amendment

   (6) It is necessary to enhance transparency regarding the conclusion by the Union or Member States of agreements and arrangements with safe third 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 that Regulation. It should also enable a more consistent and coherent application of…

   Excerpt — full text in the official PDF.
   official amendment document ↗
8. Amendment 8Proposal for a regulation · Recital 6 a (new)
   Amendment

   (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.

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

   (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.

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10. Amendment 10Proposal for a regulation · Recital 7
    Current text

    (7) Member States should be able to take the necessary measures to address the risk that applicants to whom the safe third country concept is being applied abscond, 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. __________________ 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/2024/1…

    Amendment

    (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:…

    Excerpt — full text in the official PDF.
    official amendment document ↗
11. Amendment 11Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point a · Regulation (EU) 2024/1348 · Article 59 – paragraph 5 – point b – point iii
    Current text

    iii) there is an agreement or an arrangement 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.

    Amendment

    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.

    official amendment document ↗
12. Amendment 12Proposal for a regulation · Article 1 – paragraph 1 – point 1 – point b · Regulation (EU) 2024/1348 · Article 59 – paragraph 5 – subparagraph 2
    Current text

    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.

    Amendment

    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.

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13. Amendment 13LIBEProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

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14. Amendment 14The LeftProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

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15. Amendment 15S&DProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

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16. Amendment 16Verts/ALEProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

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