Brussels: Europe and the Arabs

An announcement was made in Brussels early Thursday morning that the current rotating presidency of the Council of the European Union and negotiators from the European Parliament had reached a preliminary agreement on European legislation that amends the concept of a safe third country and expands the range of circumstances under which an asylum application can be rejected for failing to meet the requirements. According to a European statement, the current Danish presidency of the EU said, "This agreement between the Council and European Parliament negotiators on the application of the safe third country concept demonstrates the determination of European legislators to make the EU asylum system more efficient and effective." The statement added, "Thousands of migrants drown in the Mediterranean or are exploited by human traffickers who make enormous profits at their expense.

It is essential to take action to stop the pull factors that perpetuate this unhealthy and inhumane system." The Danish Presidency, represented by Rasmus Stoklund, the Danish Minister for Immigration and Integration, stated, “During our Presidency, we were able to revise the ‘safe third country’ concept in record time, allowing Member States to conclude agreements with safe third countries regarding the processing of asylum applications outside Europe.

The ‘safe third country’ concept allows EU Member States to reject an asylum application as inadmissible (i.e., without considering its merits) when asylum seekers can apply for and receive international protection, if they are eligible, in a non-EU country deemed safe for them.
Under the updated rules, Member States will be able to apply the ‘safe third country’ concept based on the following three options:

A ‘link’ exists between the asylum seeker and the third country. However, a link will not be a mandatory condition for using the safe third country concept.

The applicant must have passed through a third country before arriving in the EU.

An agreement or arrangement exists with a safe third country that guarantees the asylum application will be examined in the relevant non-EU country.
The Council and the European Parliament agreed on this approach.” The Council stipulates that the concept of a safe third country cannot be applied based on an agreement or arrangement concerning unaccompanied minors.

An applicant appealing a decision of inadmissibility based on the safe third country concept will not have an automatic right to remain in the EU during the appeal proceedings, although their right to seek a court application for asylum remains valid.

Regarding the next steps, the statement said, “Today’s agreement between the Council and the European Parliament is provisional and must be confirmed by both institutions before being formally adopted by the Council and the European Parliament. The amendments to the safe third country concept will take effect on the same day the Asylum Procedure Regulation enters into force, June 12, 2026, and will apply immediately in Member States. The safe third country concept is part of the EU’s asylum and migration rules. Under the agreed review clause of the Pact, the Commission was required to review the existing rules by June 2025 and propose specific amendments as necessary.”