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

The European Parliament adopted by 408 votes to 184, with 60 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2024/1348 as regards the establishment of a list of safe countries of origin at Union level.

Parliament adopted its position at first reading by amending the proposal as follows:

Safe countries of origin

Third countries may only be designated as safe countries of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is no persecution and no real risk of serious harm such as the death penalty or execution, torture or inhuman or degrading treatment or serious individual threats to the life or person of a civilian due to indiscriminate violence in the event of an internal or international armed conflict.

The new EU-wide list of safe countries of origin will enable the fast-tracking of asylum requests by nationals of the listed countries - Bangladesh, Colombia, Egypt, Kosovo, India, Morocco and Tunisia.

A third country that has been granted the status of candidate State for accession to the Union is also designated as a safe country of origin at Union level, except where one or more of the following circumstances apply:

- there is a serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in that third country;

- restrictive measures have been adopted in view of that third country’s actions affecting fundamental rights and freedoms;

- the proportion of decisions by the determining authority granting international protection to the applicants from that third country - either its nationals or former habitual residents in case of stateless persons – is higher than 20 % of the total number of decisions for that third country issued by the determining authority.

Where any of the circumstances, apply, or cease to apply, the Commission should immediately inform the Member States, the European Parliament and the Council.

The Commission is empowered to adopt delegated acts concerning the suspension, in whole or in part, of the designation of a third country as a safe country of origin at Union level.

Suspension and removal of the designation of a third country as a safe third country or as a safe country of origin at Union level

In the event of significant changes in the situation of a country concerned, the European Commission should assess whether it still meets the required conditions. If this is no longer the case, the Commission:

- may (by way of delegated act) partially suspend the designation of said third country as a safe third country (for certain regions or categories of persons) for six months;

- may suspend completely, for a period of six months, the designation of said third country as a safe third country.

The Commission should continuously review the situation in the third country concerned, taking into account, inter alia, information provided by Member States and the Asylum Agency regarding further changes in the situation in that third country.

After adopting a delegated act suspending the designation of a third country as a safe third country, the Commission should have three months to propose: (i) either an amendment to the designation (with exceptions), (ii) or the complete withdrawal of the designation.

If no proposal is made within this timeframe, the suspension will end. If a proposal is submitted, the suspension may be extended for six months (renewable once).

If the proposal for withdrawal or modification is not adopted within fifteen months, the suspension will automatically cease to have effect.

Designation of third countries as safe third countries or safe countries of origin at national level

Where the designation of a third country as a safe third country or as a safe country of origin at Union level has been fully or partially suspended, Member States should not designate that country as a safe third country or a safe country of origin at national level.

Where the designation of a third country as a safe third country or as a safe country of origin at Union level has been removed or amended in accordance with the ordinary legislative procedure, a Member State may notify the Commission that it considers that, following changes in the situation of that country, it again fulfils the required conditions.

The notification should include a substantiated assessment, including an explanation of the specific changes in the situation of the third country which make that country fulfil those conditions again.

Following the notification, the Commission should request the Asylum Agency to provide it with information and analysis on the situation in the third country.

There the third country notified by the Member State has had its designation as a safe third country or as a safe country of origin at Union level removed, the notifying Member State may only designate that third country as a safe third country or as a safe country of origin at national level provided that the Commission does not object to that designation.

The Commission's right to object is limited to a period of two years after the date on which the third country was withdrawn from the designation of safe third country or safe country of origin at Union level, and any objection must be made within three months of notification, following a thorough examination.

If the Commission considers that the conditions are once again fulfilled (for all or part of the territory or for certain categories of people), it may propose, according to the ordinary legislative procedure, to reinstate the designation at Union level.