Asylum policy: Council pushes ahead with EU laws on safe countries of origin and safe third countries 09:55 The Council reached a position on regulations establishing an EU[...]

Today, the Council agreed its position on two pieces of EU legislation that will strengthen the practical application of key safe country concepts in EU asylum rules. These new EU migration laws aim to put in place faster and more effective asylum procedures for those that should not receive protection within the EU.

The new regulation revising the safe third country concept will expand the circumstances under which an asylum application can be rejected as inadmissable. The Council also completed an important piece of the 2024 Migration and Asylum Pact, by agreeing on the first ever common EU list of safe countries of origin, which will allow member states to deal with applications for international protection in an expedited manner.

Reformed safe third country concept

The safe third country concept allows EU member states to reject an asylum application as inadmissible (i.e. without examining its substance) when asylum seekers could have sought and, if eligible, received international protection in a non-EU country that is considered safe for them.

According to the updated rules on which the Council agreed, member states will be able to apply the safe third country concept on the basis of the following three options:

• there is a 'connection' between the asylum seeker and the third county. However, a connection will no longer be a mandatory criterion for using the safe third country concept
• the applicant has transited through the third country before reaching the EU
• there is an agreement or arrangement with a safe third country which ensures that a person's asylum request will be examined in the non-EU country in question. Applying the safe third country concept on the basis of an agreement or arrangement is not possible in the case of unaccompanied minors

An applicant who appeals against an inadmissibility decision based on the safe third country concept will no longer have an automatic right to remain in the EU for the duration of the appeal process, while the applicant's right to request a court for the right to remain remains in place.

EU list of safe countries of origin

The safe country of origin concept allows member states to put in place a special system for the examination of applications for international protection. Under the 2024 asylum procedure regulation, adopted as part of the Asylum and Migration Pact, member states must apply an accelerated procedure for applicants from a safe country of origin and may carry it out at the border or in transit zones.

The safe country of origin rules are based on the premise that applicants from such a country are presumed to have sufficient protection against the risk of persecution or serious violations of their fundamental rights. Non-EU countries can only be designated as safe countries of origin when they meet a high threshold of safety.

The Council agreed that the following countries should be designated as safe countries of origin at EU level: Bangladesh, Colombia, Egypt, India, Kosovo*, Morocco and Tunisia.

EU accession candidate countries are also designated as safe countries of origin at Union level, unless

• there is a situation of international or internal armed conflict in the country
• restrictive measures affecting fundamental rights and freedoms have been adopted or
• the proportion of positive decisions by member state authorities to the applicants from the country is higher than 20%

The Council position makes clear that the Commission should monitor the situation in EU candidate countries and inform the member states when any of these exceptions apply or cease to apply.

The Council also agreed to let the Commission suspend the designation of a safe country of origin at EU level for either the entire country or for only parts of its territory or population where duly justified. Member states will still be able to have their own national lists of safe countries of origin with additional non-EU countries other than those on the EU list.

The Council also endorsed the Commission's proposal to accelerate the implementation of certain provisions of the Pact on Migration and Asylum, which before were scheduled for June 2026.

Next steps

The two agreements reached today allow the Council to enter into negotiations with the European Parliament to agree on a final legal text.

Background

Safe third country concept: The safe third country concept is already now part of the EU asylum and migration rulebook. Based on a review clause agreed under the Pact, the Commission had to review the current rules by June 2025 and table targeted amendments as appropriate.

Safe country of origin: The asylum procedure regulation, part of the Migration and Asylum Pact, provides for the creation of an EU list of safe countries of origin. At the urging of many member states, the Commission proposed this list already before the Pact comes into force.

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

• Regulation establishing a list of safe countries of origina at EU level, 27 November 2025 (general approach)
• Regulation as regards the application of the safe third country concept, 27 November 2025 (general approach)