What changed between the plenary report and the adopted text

Removed:Recital 2: (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 level aims to ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are designated. The proposed Union list should be understood as a common denominator between Member States without prejudice to the possibility for Member States to designate other third countries at national level and to the possible future designation of additional third countries as safe countries of origin at Union level by means of future amendments to Regulation (EU) 2024/1348.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2026/464.)

Removed:Recital 3: (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 stateless person and was formerly habitually resident in that country. The application of the concept in the framework of the individual assessment is without prejudice to the fact that certain categories of applicants may find themselves in a specific situation in the third countries designated and may therefore have a well-founded fear of being persecuted or face a real risk of suffering serious harm.

Removed:Recital 5: (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 and of the Council, in accordance with Regulation (EU) 2024/1348.

Removed:Recital 5 a (new): (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.

Removed:Recital 6: (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 designated as safe countries of origin, except where 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; the EU-wide recognition rate pertaining to the applicants from the country is higher than 20%.

Removed:Recital 6 a (new): (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.

Removed:Recital 6 b (new): (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.

Removed:Recital 6 c (new): (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 long as the circumstances that justified the suspension persist.

Removed:Recital 6 d (new): (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 importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

Removed:Recital 6 e (new): (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 when the Union-wide recognition rate pertaining to the applicants from the country is higher than 20%. Where the Commission considers that any of those circumstances apply to a candidate country, the Commission should suspend the designation of the candidate country as a safe country of origin at Union level by means of a delegated act. In addition, the Commission should also be able to suspend the designation of a candidate country as a safe country of origin at Union level only for a clearly identified part of the territory of that candidate country, where the threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in that candidate country is limited to a specific geographical area. The Commission should also be…

Removed:Recital 6 f (new): (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 level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

Removed:Recital 6 g (new): (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.

Removed:Recital 11: (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. While India retains the death penalty in its criminal law and did not sign the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims to abolish the death penalty, nevertheless, the death penalty has not been applied in practice since 2020. India has signed the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. There is no armed conflict taking place in India and therefore no threat exists by reason of indiscriminate violence in situations of international or internal armed conflict. There is, in general, no persecution in the country within the meaning of Article 9 of Regulation (EU) 2024/1347.

Removed:Recital 18: (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 accelerated or a border procedure would allow the asylum and migration authorities to more efficiently assess genuine claims, deliver faster decisions and thereby contribute to a better and more credible functioning of asylum and return policies, in full respect of fundamental rights.

Removed:Recital 20 a (new): (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.

Removed:Recital 23: (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.

Removed:Article 1 – paragraph 1 – point 1 – introductory part: (1) Article 62 is amended as follows:

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 – point a, Article 62 – paragraph 1: 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:

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 – point a, Article 62 – paragraph 1 – point a: (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 consequences thereof (OJ L 212, 7.8.2001, p. 12).

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 – point a, Article 62 – paragraph 1 – point b: (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;

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 – point a, Article 62 – paragraph 1 – subparagraph 1 a (new): 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.

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 – point a, Article 62 – paragraph 1 – subparagraph 1 b (new): 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.

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 – point b, Article 62 – paragraph 1a: 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;

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 a (new) – point a (new), Article 63 – paragraph 1 a (new): (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.’

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 a (new) – point b (new), Article 63 – paragraph 2: (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. ’

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 a (new) – point c (new), Article 63 – paragraph 2 a (new): (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. ’

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 1 a (new) – point d (new), Article 63 – paragraph 3: (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. ’

Removed:Regulation (EU) 2024/1348

Removed:Article 1 – paragraph 1 – point 2 – point a, Article 79 – paragraph 2 – subparagraph 2: 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.;

Removed:The proposal provides a much-needed strategic gangplank to strengthening the European Union’s operational efficiency in the field of asylum and migration, in that it seeks to consolidate application of the concept of ‘safe country of origin’, not least by means of a list of safe third countries of origin applicable to the whole EU, and advances the implementation of certain provisions of the Pact on Migration and Asylum, and in particular those under Regulation (EU) 2024/1348 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (‘Asylum Procedure Regulation’), which are now scheduled for June 2026.

Removed:Besides designating as safe countries of origin at EU level those countries granted candidate status, along with one potential candidate for accession, and establishing a list (contained in Annex II) of other countries deemed to be safe countries of origin at EU level, the proposal for a regulation brings forward the possibility of designating countries as safe with the exception of specific areas within their territory or for clearly identifiable categories of persons, thus offering Member States greater flexibility at national level, and it also advances the possibility of processing in a border procedure or an accelerated procedure applications by nationals of third countries for which the proportion of decisions granting international protection at EU level stands at 20 % or lower;

Removed:In a rapidly changing geopolitical and migratory context, the Union has embarked resolutely on a paradigm shift in its management of migration flows, and is gradually abandoning the ineffective approaches adopted in its previous models. This change in policy and regulatory direction is rooted in a better-structured and pragmatic vision more attuned to the pressing needs of security, efficiency and solidarity, and which reflects the clear will to gird the Union with joint, opportune and legally robust tools with which to address migratory challenges in a secure and lasting manner, while fully respecting the fundamental principles of the EU’s legal order. The proposal respects fundamental rights and is in line with the principles recognised by the Charter of Fundamental Rights of the EU, including the right to asylum and protection against refoulement under Articles 18 and 19.

Removed:The Commission’s proposal is therefore to be welcomed, and its strategic value acknowledged, as it allows for earlier implementation of the most urgent operational provisions of the Pact, thereby strengthening the capability of the Union and its Member States to take action in the short term.

Removed:This acceleration of the initial timeframe is justified by the need to ensure that the Union and its Member States are not left devoid of any effective instruments until June 2026, in circumstances where migratory pressure and the challenges arising from returns, border management and the processing of applications for international protection call for swift and effective responses. The proposal for a regulation should be viewed in this context, with its aim being to consolidate practical application of the concept of ‘safe country of origin’ as a key tool for facilitating and expediting the processing of likely-to-be unfounded applications and ensuring a more efficient and credible management of the European asylum system.

Removed:Given these circumstances, it is vital to that the proposal be considered and adopted as swiftly as possible, hence avoiding delays that would undermine its effectiveness.

Removed:As was expected, the proposal designates the candidate countries and one potential candidate for EU membership, along with six other countries, as safe countries of origin at EU level. Under the Asylum Procedure Regulation, where an applicant for international protection comes from a safe country of origin, the examination of an application is accelerated and completed within a maximum of three months. Moreover, if the applicant has not yet been authorised to enter the territory of the Member States, a Member State may examine the application in a border procedure.

Removed:We therefore agree with the Commission’s choice of including among the countries designated as safe countries of origin those which have candidate status or potential candidate status for accession to the European Union. We believe this to be the right choice and one in keeping with the current legal framework, as it was based not only on an automatic presumption, but also on a multilevel technical analysis carried out by the European Union Agency for Asylum (EUAA). The analysis served to thoroughly assess the judicial, institutional and fundamental rights situation in each of the countries, irrespective of the stage they had reached in the accession process.

Removed:The criteria applied were those laid down in the Qualification Regulation (EU 2024/1347) and the Asylum Procedure Regulation itself, and include verification of the absence of systemic persecution, serious harm or structural human rights violations. The designations are therefore based on objective, verifiable and harmonised EU-level parameters that comply fully with international law and the fundamental principles of the EU’s legal order.

Removed:At the same time, the proposal factors in the possibility that issues may arise in the future, and hence provides for a mechanism for the dynamic review of the list that allows for suspension or reinstatement of designation as a safe country of origin based on future developments.

Removed:It was nevertheless considered appropriate, in the interests of uniform application of the regulation across all Member States and greater legal certainty, to make certain amendments to the text, in order not only to clarify the circumstances determining suspension but also to establish a clear and coordinated mechanism for deciding when a candidate country for accession to the Union can no longer be deemed a safe country of origin, or may be reinstated as such after suspension. It is therefore felt that the Commission should conduct regular objective assessments of the relevant circumstances and formally notify the Member States of the outcome of those assessments. Such notification should be made public and should take effect uniformly across the Union from a specified date.

Removed:We also agree with the designation of the countries listed in the Annex, as this constitutes a concrete and necessary step towards building a truly common, cohesive and functional European asylum system. We would stress once again that each designation was based on a thorough technical analysis conducted by the EUAA, relying on qualified sources and objective criteria set out in EU regulations, and which was transparent and accessible, being made available to Members under the rules in force with the possibility of their accessing the sources.

Removed:The countries on the list were assessed on the basis of their capacity to ensure, structurally, the absence of persecution and serious harm, as well as on the existence of judicial and institutional protection mechanisms. However, the presumption of safety can still be superseded in individual cases, in line with the principle of individual assessment and the right to effective remedy.

Removed:It should be stressed that designation as a ‘safe country of origin’ leaves full scope for assessing individual applications and for every applicant’s right to demonstrate his or her own vulnerability or personal risk, in line with the guarantees laid down in EU legislation. In other words, the proposal does not do away with the principle of individual assessment, but integrates it into a more efficient system which reduces the risk of abuse and enables resources to be concentrated on the most complex cases and the most vulnerable individuals who, paradoxically, are currently those being penalised. The application of accelerated procedures is not tantamount, therefore, to denying the right to asylum, but is a streamlining of the system, which is currently overloaded and structurally sluggish.

Removed:It should also be emphasised that the Commission asked the EUAA to focus its analysis on a limited number of countries, selected on the basis of objective criteria, including that of a recognition rate of under 5 %. This approach made it possible to establish an operational short list, which helped to kick-start the process. That said, the list is not exhaustive and does not preclude the ‘safe country of origin’ principle from being applied to other countries.

Removed:It serves as a starting point, and may be amended and extended, not least in the light of other items of information, including the designations already appearing on the national lists drawn up by many Member States.

Removed:In conclusion, the proposal fits fully into the strategic vision of the reform of the European asylum system, which seeks to remedy the inefficiencies of the past and design a model based on clear rules, cooperation between Member States, security and the protection of fundamental rights. The early adoption of the list of safe countries of origin, together with the other areas covered by the proposal, not only constitutes a firm step towards a more credible and efficient system, but also sends a strong political signal: the Union stands ready to act and to address migratory challenges with rigour, humaneness, efficiency and foresight.

Removed:Supporting this proposal means opting for a Europe that is more in tune with values, safer and fairer.

Removed:It means equipping the EU with operational solutions that reinforce citizens’ trust and strengthen cooperation between Member States.