Adopted text, 10 February 2026
Application of the ‘safe third country’ concept
Document TA-10-2026-0026 · P10_TA(2026)0026 · PE778.391
- Adopted in plenary on Tuesday, 10 February 2026 · Passed 396 for, 226 against, 30 abstained · See the decision →
- Where the law stands · dossier 2025/0132 →
AI:In short
Parliament's amended version of the proposed regulation amends Regulation (EU) 2024/1348 on the 'safe third country' concept. It sets out conditions for designating a third country as safe and rules for applying this concept in asylum procedures. The amended regulation requires a safe third country to respect certain human rights standards and to provide effective access to protection. It also specifies procedural safeguards for applicants, including individual examination and the right to challenge the application of the concept.
Key points
- A third country may be considered safe only if it has ratified and complies with the Geneva Convention and the European Convention on Human Rights, and if it provides effective access to protection.
- The concept of safe third country may only be applied after an individual examination of the applicant's circumstances, including the safety of the country for that specific person.
- Applicants must be informed in writing of the application of the safe third country concept and have the right to challenge it before a court or tribunal.
- Member states must ensure that the safe third country has a connection with the applicant, such as family ties or previous residence, before applying the concept.
- The regulation prohibits the application of the safe third country concept to unaccompanied minors, except under specific conditions ensuring their best interests.
- Member states must conduct a personal interview before applying the concept, unless certain exceptions apply, and must provide legal assistance to applicants.
Who is affected
- Asylum applicants in the EU: they gain procedural rights, including individual examination and the right to challenge the safe third country decision.
- Member states' asylum authorities: they must apply stricter criteria and safeguards when using the safe third country concept.
Legal basis. Article 78(2), point (d), of the Treaty on the Functioning of the European Union
Written by AI from the full text · every figure comes from the text · ¶ opens the paragraph · 4 Sept 2026 · Report a problem
Full text
Text 17 paragraphs
Committee on Civil Liberties, Justice and Home Affairs
European Parliament legislative resolution of 10 February 2026 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2024/1348 as regards the application of the ‘safe third country’ concept (COM(2025)0259 – C10-0088/2025 – 2025/0132(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2025)0259),
–having regard to Article 294(2) and Article 78(2), point (d), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100088/2025),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to the opinion of the European Economic and Social Committee of 23 October 2025,
–having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2025 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
–having regard to Rule 60 of its Rules of Procedure,
–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0255/2025),
1.Adopts its position at first reading hereinafter set out;
Read the rest (5 paragraphs)
2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
P10_TC1-COD(2025)0132
Position of the European Parliament adopted at first reading on 10 February 2026 with a view to the adoption of Regulation (EU) 2026/… of the European Parliament and of the Council amending Regulation (EU) 2024/1348 as regards the application of the concept of safe third country
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2026/463.)