Legal provisions of COM(2025)259 - Amendment of Regulation (EU) 2024/1348 as regards the application of the ‘safe third country’ concept

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Article 1

Regulation (EU) 2024/1348 is amended as follows:

(1) Article 59(5) is amended as follows:

(a)point (b) is replaced by the following:

‘(b) one of the following conditions is met:

I)there is a connection between the applicant and the third country concerned, on the basis of which it would be reasonable for him or her to go to that country;

II)the applicant has transited through the third country concerned;

III)there is an agreement or an arrangement with the third country concerned requiring the examination of the merits of the requests for effective protection made by applicants subject to that agreement or arrangement.’ 

(b)the following two subparagraphs are added:

‘In the application of the first paragraph, point (b), the best interests of the child shall be a primary consideration. The first paragraph, point (b)(iii), shall not apply where the applicant is an unaccompanied minor.

Member States shall inform the Commission and the other Member States prior to concluding an agreement or arrangement as referred to in the first paragraph, point (b)(iii).’

(2) In Article 68 (3), point (b) is replaced by the following:

‘(b) a decision which rejects an application as inadmissible pursuant to Article 38(1), point (a), (b), (d) or (e), or Article 38(2), except where the applicant is an unaccompanied minor subject to the border procedure.’

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.