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Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU

Type Regulation
Publication 2024-05-22
Last updated 2026-02-27
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 79
Reform history JSON API
3.

The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of relevant and available sources of information, including information from Member States, the Asylum Agency, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant international organisations.

4.

The concept of safe third country may be applied:

  • (a) where a third country has been designated as safe third country at Union or national level in accordance with Article 60 or 64; or
  • (b) in relation to a specific applicant where the country has not been designated as safe third country at Union or national level, provided that the conditions set out in paragraph 1 are met with regard to that applicant.
5.

The concept of safe third country may only be applied provided that:

  • (a) the applicant cannot provide elements justifying why the concept of safe third country is not applicable to him or her, in the framework of an individual assessment;
  • (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 on the way to the Union; or
  • (iii) there is an agreement or an arrangement concluded between the Union, one or more Member States or one or more Member States and third countries, on the one hand, and the third country concerned, on the other hand, requiring the examination of the merits of any requests for effective protection made in the third country concerned by applicants covered by that agreement or arrangement.

Where the Commission enters into negotiations for an agreement on behalf of the Union with a third country (‘Union-level agreement’) with a view to concluding an agreement as referred to in the first subparagraph, point (b)(iii), it shall take any existing bilateral or multilateral agreements between the Member States and the same third country into account in the course of the negotiations, including the potential impact of the Union-level agreement on those bilateral or multilateral agreements and on the Member States’ cooperation with that third country in the field of migration.

An agreement concluded by the Union and a third country falling within the scope of the first subparagraph, point (b)(iii), shall take precedence over any bilateral or multilateral agreements or arrangements concluded between individual Member States and the same third country, in so far as their provisions are incompatible with those of that Union-level agreement.

A Member State shall, at an appropriate time, inform the relevant Member States of negotiations on an agreement or arrangement as referred to in the first subparagraph, point (b)(iii), with a third country that shares a common border with those Member States.

Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with the first subparagraph, point (b)(iii), prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. The Commission and the other Member States shall also be informed of any subsequent changes to, or the termination of, such agreements or arrangements.

6.

A third country may only be considered to be a safe third country for an unaccompanied minor where it is not contrary to his or her best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she will immediately have access to effective protection as defined in Article 57.  Member States shall not apply paragraph 5, first subparagraph, point (b)(iii), where the applicant is an unaccompanied minor.

7.

Where the Union and a third country have jointly come to an agreement pursuant to Article 218 TFEU that migrants admitted under that agreement will be protected in accordance with the relevant international standards and in full respect of the principle of non-refoulement, the conditions of this Article regarding safe third-country status may be presumed fulfilled without prejudice to paragraphs 5 and 6.

8.

Where an application is rejected as inadmissible as a result of the application of the concept of safe third country, the determining authority shall:

  • (a) inform the applicant in accordance with Article 36; and
  • (b) provide him or her with a document informing the authorities of the third country in question, in the language of that country, that the application has not been examined in substance in the Union as a consequence of the application of the concept of safe third country, without prejudice to the application of different procedures for informing the authorities of the third country set out in agreements or arrangements already in place between the Union or that Member State and the third country concerned, as referred to in paragraph 5, first subparagraph, point (b)(iii).
9.

Where the third country in question does not admit or readmit the applicant to its territory, the applicant shall have access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and in Section I of Chapter III.

Article 60

Designation of safe third countries at Union level

1.

Third countries shall be designated as safe third countries at Union level in accordance with the conditions laid down in Article 59(1).

2.

The Commission shall review the situation in third countries that are designated as safe third countries with the assistance of the Asylum Agency and on the basis of the other sources of information referred to in Article 59(3).

3.

The Asylum Agency shall, at the request of the Commission, provide it with information and analysis on specific third countries which could be considered for designation as safe third countries at Union level. The Commission shall promptly consider any request from a Member State to assess whether a third country could be designated as a safe third country at Union level.

4.

The Commission is empowered to adopt delegated acts in accordance with Article 74 concerning the suspension, in whole or in part, of the designation of a third country as a safe third country at Union level, subject to the conditions as set out in Article 63.

Article 61

The concept of safe country of origin

1.

Third countries may only be designated as safe countries of origin in accordance with this Regulation where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is no persecution as defined in Article 9 of Regulation (EU) 2024/1347 and no real risk of serious harm as defined in Article 15 of that Regulation.

2.

The designation of a third country as a safe country of origin both at Union and national level may be made with exceptions for specific parts of its territory or clearly identifiable categories of persons.

3.

The assessment of whether a third country is a safe country of origin in accordance with this Regulation shall be based on a range of relevant and available sources of information, including information from Member States, the Asylum Agency, the European External Action Service, the United Nations High Commissioner for Refugees, and other relevant international organisations, and shall take into account where available the common analysis of the country of origin information referred to in Article 11 of Regulation (EU) 2021/2303.

4.

In making the assessment referred to in paragraph 3, account shall be taken, inter alia, of the extent to which protection is provided against persecution or serious harm by:

  • (a) the relevant laws and regulations of the country and the manner in which they are applied;
  • (b) observance of the rights and freedoms laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms or the International Covenant for Civil and Political Rights or the United Nations Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the said European Convention;
  • (c) the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country;
  • (d) the provision for a system of effective remedies against violations of those rights and freedoms.
5.

The concept of a safe country of origin may only be applied provided that:

  • (a) the applicant has the nationality of that country or he or she is a stateless person and was formerly habitually resident in that country;
  • (b) the applicant does not belong to a category of persons for which an exception was made when designating the third country as a safe country of origin;
  • (c) the applicant cannot provide elements justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment.

Article 62

Designation of safe countries of origin at Union level

1.

Third countries may be designated as safe countries of origin at Union level in accordance with the conditions laid down in Article 61 and this Article.

1a. The third countries listed in Annex II to this Regulation are designated as safe countries of origin at Union level.

1b. A third country that has been granted the status of candidate State for accession to the Union is also designated as a safe country of origin at Union level, except where one or more of the following circumstances apply:

  • (a) there is a serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in that third country;
  • (b) restrictive measures within the meaning of Title IV of Part Five of the TFEU have been adopted in view of that third country’s actions affecting fundamental rights and freedoms that are relevant for the criteria of designation of a third country as a safe country of origin as set out in Article 61 of this Regulation;
  • (c) the proportion of decisions by the determining authority granting international protection to the applicants from that third country – either its nationals or former habitual residents in case of stateless persons – is higher than 20 % of the total number of decisions for that third country issued by the determining authority according to the latest available yearly Union-wide average Eurostat data.

Where any of the circumstances referred to in the first subparagraph, points (a) to (c), apply, or cease to apply, the Commission shall immediately inform the Member States, the European Parliament and the Council thereof. In the case of point (a) of this paragraph, the Commission shall obtain the prior approval of the Council before informing the Member States and the European Parliament.

2.

The Commission shall review the situation in third countries that are designated as safe countries of origin, with the assistance of the Asylum Agency and on the basis of the other sources of information referred to in Article 61(3).

3.

The Asylum Agency shall, at the request of the Commission, provide it with information and analysis on specific third countries which could be considered for designation as safe countries of origin at Union level. The Commission shall promptly consider any request from a Member State to assess whether a third country could be designated as safe country of origin at Union level.

4.

The Commission is empowered to adopt delegated acts in accordance with Article 74 concerning the suspension, in whole or in part, of the designation of a third country as a safe country of origin at Union level, subject to the conditions as set out in Article 63.

Article 63

Suspension and removal of the designation of a third country as a safe third country or as a safe country of origin at Union level
1.

In the event of significant changes in the situation of a third country which is designated as a safe third country or as a safe country of origin at Union level, the Commission shall conduct a substantiated assessment of the fulfilment by that third country of the conditions set out in Article 59 or 61 and, where the Commission considers that those conditions are no longer met, in whole or in part, the following provisions shall apply:

  • (a) where the conditions set out in Article 59 or 61 are no longer met in relation to specific parts of the third country’s territory or in relation to clearly identifiable categories of persons in that third country, the Commission shall adopt a delegated act in accordance with Article 74 to partially suspend the designation of that third country as a safe third country or as a safe country of origin at Union level for those parts of that third country’s territory or for those categories of persons for a period of six months;
  • (b) where the conditions set out in Article 59 or 61 are no longer met in relation to the third country as a whole, the Commission shall adopt a delegated act in accordance with Article 74 to fully suspend the designation of that third country as a safe third country or as a safe country of origin at Union level for a period of six months.
2.

The Commission shall continuously review the situation in the third country referred to in paragraph 1 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.

3.

Where the Commission has adopted a delegated act in accordance with paragraph 1, point (a) or (b), suspending the designation of a third country as a safe third country or as a safe country of origin at Union level for all or specific parts of that third country’s territory or for all or for clearly identifiable categories of persons in that third country, it shall, within three months of the date of adoption of that delegated act, submit a proposal, in accordance with the ordinary legislative procedure, in order to:

  • (a) amend that third country’s designation as a safe third country or as a safe country of origin at Union level to provide for exceptions to the designation for the specific parts of territory or for the clearly identifiable categories of persons covered by the delegated act adopted pursuant to paragraph 1, point (a); or
  • (b) remove that third country’s designation as a safe third country or as a safe country of origin at Union level.
4.

Where the Commission has not submitted a proposal as referred to in paragraph 3 within three months of the adoption of the delegated act as referred to in paragraph 1, the delegated act shall cease to have effect. Where the Commission submits such a proposal within three months of the adoption of the delegated act as referred to in paragraph 1, the Commission shall be empowered, on the basis of a substantiated assessment, to extend the validity of that delegated act for a period of six months, with a possibility to renew that extension once.

5.

Without prejudice to paragraph 4, where the proposal submitted by the Commission to remove or amend the designation of a third country as a safe third country or a safe country of origin at Union level is not adopted within 15 months from when the proposal was submitted by the Commission, the full or partial suspension of the designation of the third country as a safe third country or as a safe country of origin at Union level shall cease to have effect.

Article 64

Designation of third countries as safe third country or safe country of origin at national level

1.

Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level for the purpose of examining applications for international protection.

2.

Where the designation of a third country as a safe third country or as a safe country of origin at Union level has been fully or partially suspended, by means of a delegated act adopted pursuant to Article 63(1), point (a) or (b), Member States shall not designate that country as a safe third country or a safe country of origin at national level.

3.

Where the designation of a third country as a safe third country or as a safe country of origin at Union level has been removed or amended in accordance with the ordinary legislative procedure, a Member State may notify the Commission that it considers that, following changes in the situation of that country, it again fulfils the conditions set out in Article 59(1) or Article 61.

The notification shall include a substantiated assessment of the fulfilment by that third country of the conditions set out in Article 59(1) or Article 61, including an explanation of the specific changes in the situation of the third country which make that country fulfil those conditions again. Where applicable, the Member State shall specify in its notification the specific parts of that third country’s territory to which, or the clearly identifiable categories of persons in that third country to whom, its assessment applies.

Following the notification, the Commission shall request the Asylum Agency to provide it with information and analysis on the situation in the third country.

Where the third country notified by the Member State has had its designation as a safe third country or as a safe country of origin at Union level removed pursuant to Article 63(3), point (b), the notifying Member State may only designate that third country as a safe third country or as a safe country of origin at national level provided that the Commission does not object to that designation.

The Commission’s right of objection shall be limited to a period of two years after the date on which that third country’s designation as a safe third country or a safe country of origin at Union level has been removed. Any objection by the Commission shall be issued within a period of three months after the date of each notification by the Member State and after due review of the situation in that third country, having regard to the conditions set out in Articles 59(1) and 61.

Where the Commission considers that the conditions set out in Article 59(1) or 61 are once again fulfilled with regard to all or specific parts of the third country’s territory or all or clearly identifiable categories of persons in the third country covered by the notification received pursuant to the first subparagraph of this paragraph, it may submit a proposal to amend this Regulation, in accordance with the ordinary legislative procedure, in order to designate that third country as a safe third country or as a safe country of origin at Union level with regard to all or specific parts of that third country’s territory in which or with regard to all or clearly identifiable categories of persons in relation to whom those conditions are met.

4.

Member States shall notify the Commission and the Asylum Agency of the third countries that are designated as safe third countries or safe countries of origin at national level by 12 June 2026 and immediately after each designation or change to designations. Member States shall inform the Commission and the Asylum Agency once a year of the other safe third countries to which the concept is applied in relation to specific applicants as referred to in Article 59(4), point (b).

CHAPTER IV PROCEDURES FOR THE WITHDRAWAL OF INTERNATIONAL PROTECTION

Article 65

Withdrawal of international protection

The determining authority or, where provided for by national law, a competent court or tribunal shall start the examination to withdraw international protection from a third-country national or stateless person when new elements or findings arise indicating that there are reasons to reconsider whether he or she qualifies for international protection, in particular in the instances referred to in Articles 14 and 19 of Regulation (EU) 2024/1347.

Article 66

Procedural rules for withdrawal of international protection

1.

Where the determining authority or, where provided for by national law, a competent court or tribunal starts the examination to withdraw international protection from a third-country national or a stateless person, the person concerned shall enjoy the following guarantees:

  • (a) he or she shall be informed in writing that his or her qualification as a beneficiary of international protection is being reconsidered and the reasons for such reconsideration;
  • (b) he or she shall be informed of the obligation to cooperate with the determining authority and other competent authorities, in particular of the fact that he or she shall be required to make a written statement and appear for a personal interview or a hearing and answer questions;
  • (c) he or she shall be informed of the consequences of not cooperating with the determining authority and other competent authorities and that failure to submit the written statement and to attend the personal interview or the hearing without due justification shall not prevent the determining authority or the competent court or tribunal from taking a decision to withdraw international protection; and
  • (d) he or she shall be given the opportunity to submit reasons as to why his or her international protection should not be withdrawn by means of a written statement within reasonable time from the date on which he or she receives the information referred to in point (a) and in a personal interview or hearing at a date set by the determining authority or, where provided for by national law, the competent court or tribunal.
2.

For the purposes of paragraph 1, the determining authority or the competent court or tribunal:

  • (a) shall obtain relevant, precise and up-to-date information from relevant and available national, Union and international sources and, where available, take into account the common analysis on the situation in a specific country of origin and the guidance notes referred to in Article 11 of Regulation (EU) 2021/2303; and
  • (b) shall not obtain any information from the alleged actors of persecution or serious harm in a manner that would result in such actors being informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration.
3.

The decision to withdraw international protection shall be given in writing as soon as possible. The reasons in fact and in law for the withdrawal shall be stated in the decision and information on the manner on how to challenge the decision and on the relevant time limits shall be given in writing.

4.

Where the determining authority or, where provided for by national law, a competent court or tribunal has taken the decision to withdraw international protection, Articles 6, 17, 18 and 19 shall apply mutatis mutandis.

5.

Where the third-country national or stateless person does not cooperate by not submitting a written statement, by not attending the personal interview or the hearing, or by not answering questions without due justification, the absence of the written statement or the personal interview or hearing shall not prevent the determining authority or the competent court or tribunal from taking a decision to withdraw international protection. Such a refusal to cooperate may only be considered to be a rebuttable presumption that the third-country national or stateless person no longer wishes to benefit from international protection.

6.

The procedure set out in this Article shall not apply where the third-country national or stateless person:

  • (a) unequivocally renounces his or her recognition as beneficiary of international protection;
  • (b) has become a national of a Member State; or
  • (c) has subsequently been granted international protection in another Member State.

Member States shall conclude the cases covered by this paragraph in accordance with their national law. That conclusion need not take the form of a decision but shall be recorded at least in the applicant’s file together with the indication of the legal ground for that conclusion.

CHAPTER V APPEAL PROCEDURE

Article 67

The right to an effective remedy

1.

Applicants and persons subject to withdrawal of international protection shall have the right to an effective remedy before a court or tribunal, in accordance with the basic principles and guarantees provided for in Chapter II that relate to the appeal procedure, against the following:

  • (a) a decision rejecting an application as inadmissible;
  • (b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
  • (c) a decision rejecting an application as implicitly withdrawn;
  • (d) a decision withdrawing international protection;
  • (e) a return decision issued in accordance with Article 37 of this Regulation.

By way of derogation from the first subparagraph, point (d), of this paragraph, Member States may provide in their national law that the cases referred to in Article 66(6) are not to be subject to an appeal.

Where a return decision is taken as a part of a related decision as referred to in points (a), (b), (c) or (d) of the first subparagraph, the return decision shall be appealed jointly with that related decision, before the same court or tribunal, within the same judicial proceedings and the same time limits. Where a return decision is issued as a separate act pursuant to Article 37, it may be appealed in separate judicial proceedings. The time limits for those separate judicial proceedings shall not exceed the time limits referred to in paragraph 7 of this Article.

2.

Without prejudice to paragraph 1, persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status.

3.

An effective remedy as referred to in paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) 2024/1347.

4.

Applicants, persons subject to withdrawal of international protection and persons recognised as eligible for subsidiary protection shall be provided with interpretation for the purpose of a hearing before the competent court or tribunal, where such a hearing takes place and appropriate communication cannot otherwise be ensured.

5.

Where the court or tribunal considers it necessary, it shall ensure the translation of relevant documents that have not already been translated in accordance with Article 34(4). Alternatively, translations of those relevant documents may be provided by other entities and paid for from public funds in accordance with national law.

An applicant, a person subject to withdrawal of international protection and a person recognised as eligible for subsidiary protection may, at his or her own cost, ensure the translation of other documents.

6.

Where the documents are not submitted in due time, as determined by the court or tribunal, in the event that the translation is to be provided by the applicant, or where documents are not submitted in time for the court or tribunal to ensure that they are translated in the event that the translation is ensured by the court or tribunal, the court or tribunal may refuse to take those documents into account.

7.

Member States shall lay down the following time limits in their national law for applicants, persons subject to withdrawal of international protection and persons recognised as eligible for subsidiary protection to lodge appeals against the decisions referred to in paragraph 1:

  • (a) between a minimum of five days and a maximum of ten days in the case of a decision rejecting an application as inadmissible, as implicitly withdrawn, as unfounded or as manifestly unfounded if at the time of the decision any of the circumstances referred to in Article 42(1) or (3) apply;
  • (b) between a minimum of two weeks and a maximum of one month in all other cases.
8.

The time limits referred to in paragraph 7 shall start to run from the date on which the decision of the determining authority or, in the case of withdrawal of international protection and where provided for by national law, of the competent court or tribunal is notified to the applicant, the person subject to withdrawal of international protection, the person recognised as eligible for subsidiary protection or to his or her representative or legal adviser legally representing the applicant. The procedure for notification shall be laid down in national law.

Article 68

Suspensive effect of appeal

1.

The effects of a return decision shall be automatically suspended for as long as an applicant or a person subject to withdrawal of international protection has a right to remain or is allowed to remain in accordance with this Article.

2.

Applicants and persons subject to withdrawal of international protection shall have the right to remain on the territory of the Member States until the time limit within which they can exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within the time limit, pending the outcome of the remedy.

3.

Without prejudice to the principle of non-refoulement, the applicant and the person subject to withdrawal of international protection shall not have the right to remain pursuant to paragraph 2 where the competent authority has taken one of the following decisions:

  • (a) a decision which rejects an application as unfounded or manifestly unfounded if at the time of the decision:
  • (i) the applicant is subject to an accelerated examination pursuant to Article 42(1) or (3);
  • (ii) the applicant is subject to the border procedure, except where the applicant is an unaccompanied minor;
  • (b) a decision which rejects an application as inadmissible pursuant to Article 38(1), point (a), (b), (c), (d) or (e), or Article 38(2), except where the applicant is an unaccompanied minor subject to the border procedure;
  • (c) a decision which rejects an application as implicitly withdrawn;
  • (d) a decision which rejects a subsequent application as unfounded or manifestly unfounded; or
  • (e) a decision to withdraw international protection in accordance with Article 14(1), point (b), (d) or (e), or Article 19(1), point (b), of Regulation (EU) 2024/1347.
4.

In the cases referred to in paragraph 3, a court or tribunal shall have the power to decide, following an examination of both facts and points of law, whether or not the applicant or the person subject to withdrawal of international protection should be allowed to remain on the territory of the Member States pending the outcome of the remedy, upon the request of the applicant or of the person subject to withdrawal of international protection. The competent court or tribunal shall under national law have the power to decide on this matter ex officio.

5.

For the purposes of paragraph 4, the following conditions shall apply where relevant in the light of any ex officio decisions:

  • (a) the applicant or the person subject to withdrawal of international protection shall have a time limit of at least five days from the date on which the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
  • (b) the applicant or the person subject to withdrawal of international protection shall be provided with interpretation in the event of a hearing before the competent court or tribunal, where appropriate communication cannot otherwise be ensured;
  • (c) the applicant or the person subject to withdrawal of international protection shall be provided, upon request, with free legal assistance and representation in accordance with Article 17;
  • (d) the applicant or the person subject to withdrawal of international protection shall not be removed from the territory of the Member State responsible:
  • (i) until the time limit for requesting a court or tribunal to be allowed to remain has expired;
  • (ii) where the applicant or the person subject to withdrawal of international protection has requested to be allowed to remain within the set time limit, pending the decision of the court or tribunal on whether or not the applicant or the person subject to withdrawal of international protection shall be allowed to remain on the territory;
  • (e) the applicant or the person subject to withdrawal of international protection shall be duly informed in a timely manner of her or his rights under this paragraph.
6.

In cases of subsequent applications, by way of derogation from paragraph 5, point (d), Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal is considered to have been lodged merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State.

7.

An applicant or a person subject to withdrawal of international protection who lodges a further appeal against a first or subsequent appeal decision shall not have a right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant or the person subject to withdrawal of international protection to remain upon the request of the applicant or of the person subject to withdrawal of international protection or acting ex officio in cases where the principle of non-refoulement is invoked.

Article 69

Duration of the first level of appeal

Without prejudice to an adequate and complete examination of an appeal, Member States shall lay down in their national law reasonable time limits for the court or tribunal to examine decisions in accordance with Article 67(1).

CHAPTER VI FINAL PROVISIONS

Article 70

Challenge by public authorities

This Regulation does not affect the possibility for public authorities to challenge administrative or judicial decisions as provided for in national legislation.

Article 71

Cooperation

1.

Each Member State shall appoint a national contact point in relation to the matters covered by this Regulation and send its address to the Commission. The Commission shall send that information to the other Member States.

2.

Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between their competent authorities, as well as between those competent authorities and the Asylum Agency.

3.

When resorting to the measures referred to in Article 13(6), Article 27(5), Article 28(5) and Article 35(2) and (5), Member States shall inform the Commission and the Asylum Agency as soon as the reasons for applying those exceptional measures have ceased to exist and at least on an annual basis. That information shall, where possible, include data on the percentage of the applications for which derogations were applied to the total number of applications processed during that period.

Article 72

Data storage

1.

Member States shall store the data referred to in Articles 14, 27 and 28 for ten years from the date of a final decision on the application for international protection. The data shall be erased upon expiry of that period or where they are related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

2.

All data shall be stored in compliance with the Regulation (EU) 2016/679, including the principle of purpose and storage limitation.

Article 73

Calculation of time limits

Unless otherwise provided, any period of time prescribed in this Regulation shall be calculated as follows:

  • (a) a period expressed in days, weeks or months shall be calculated from the time an event occurs or an action takes place; the day on which that event occurs or that action takes place shall not itself be counted as falling within the period in question;
  • (b) a period expressed in weeks or months shall end with the expiry of whichever day in the last week or month is the same day of the week, or falls on the same date of the month, respectively as the day on which the event or action from which the period is to be calculated occurred or took place; where, in a period expressed in months, the day on which it should expire does not occur in the last month of the period, the period shall end at midnight of the last day of that last month;
  • (c) time limits shall include Saturdays, Sundays and official holidays in the Member State concerned; where a time limit ends on a Saturday, Sunday or official holiday, the next working day shall be counted as the last day of the time limit.

Article 74

Exercise of the delegation

1.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in to in Articles 60, 62 and 63 shall be conferred on the Commission for a period of five years from 11 June 2024. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

3.

The delegation of power referred to in Articles 60, 62 and 63 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ([^E0002]).

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.

A delegated act pursuant to Articles 60, 62 or 63 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 75

Transitional measures

By 12 September 2024, the Commission, in close cooperation with the Member States and relevant Union bodies, offices and agencies, shall present a common implementation plan to the Council to ensure that Member States are adequately prepared to implement this Regulation by 1 July 2026, assessing any gaps identified and operational steps required, and shall inform the European Parliament thereof.

Based on the common implementation plan referred to in the first paragraph, by 12 December 2024 each Member State shall, with the support of the Commission and relevant Union bodies, offices and agencies, establish a national implementation plan setting the actions and the timeline for their implementation. Each Member State shall complete the implementation of its plan by 1 July 2026.

For the purpose of implementing this Article, Member States may use the support of the relevant Union bodies, offices and agencies and the Union Funds may provide financial support to the Member States, in accordance with the legal acts governing those bodies, offices and agencies and Funds.

The Commission shall closely monitor the implementation of the national implementation plans.

Article 76

Financial support

Actions undertaken by Member States for putting in place free legal counselling and adequate capacity for carrying out the border procedure in accordance with this Regulation shall be eligible for financial support from the funds made available under the 2021-2027 multiannual financial framework.

Article 77

Monitoring and evaluation

By 13 June 2028 and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Regulation in the Member States and shall, where appropriate, propose any amendments.

Member States shall, at the request of the Commission, send it the necessary information for drawing up its report no later than nine months before that time limit expires.

By 12 June 2027 and every three years thereafter, the Commission shall assess whether the numbers set out in Article 46 and in Article 47(1), second subparagraph, and the exceptions to the asylum border procedure continue to be adequate in view of the overall migratory situation in the Union and shall, where appropriate, propose any targeted amendments.

By 12 June 2025, the Commission shall review the concept of safe third country and shall, where appropriate, propose any targeted amendments.

Article 78

Repeal

1.

Directive 2013/32/EU is repealed with effect from the date referred to in Article 79(2), without prejudice to Article 79(3).

2.

References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in the  Annex I.

3.

To the extent that Council Directive 2005/85/EC ([^E0003]) continued to be binding upon Member States not bound by Directive 2013/32/EU, Directive 2005/85/EC is repealed with effect from the date on which those Member States are bound by this Regulation. References to the repealed Directive shall be construed as references to this Regulation.

Article 79

Entry into force and application

1.

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

2.

This Regulation shall apply from 12 June 2026.

However, Article 59(2), Article 61(2) and Article 61(5), point (b) of this Regulation shall apply from 27 February 2026 as regards the application of the concept of safe country of origin in accordance with Articles 36 and 37 of Directive 2013/32/EU and that of safe third country in accordance with Article 38 of Directive 2013/32/EU.

3.

This Regulation shall apply to the procedure for granting international protection in relation to applications lodged as from 12 June 2026. Applications for international protection lodged before that date shall be governed by Directive 2013/32/EU. This Regulation shall apply to the procedure for withdrawing international protection where the examination to withdraw international protection started as from 12 June 2026. Where the examination to withdraw international protection started before 12 June 2026, the procedure for withdrawing international protection shall be governed by Directive 2013/32/EU.

A Member State may apply Article 42(1), point (j), and Article 42(3), point (e) of this Regulation as grounds for the accelerated examination procedure in accordance with Article 31(8) of Directive 2013/32/EU or for the procedure conducted at the border or in transit zones in accordance with Article 43 of Directive 2013/32/EU before 12 June 2026 if it has transposed the relevant provisions and implemented the special procedures set out in those Articles at national level before 27 February 2026.

4.

For Member States not bound by Directive 2013/32/EU, references thereto in paragraphs 2 and 3 of this Article shall be construed as references to Directive 2005/85/EC.

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

ANNEX I

Correlation table

Directive 2013/32/EU This Regulation
Article 1 Article 1
Article 2 Article 3
Article 2, point (a) —
Article 2, points (b), (c) and (d) Article 3, points (12), (13) and (14)
Article 2, point (e) Article 3, point (8)
Article 2, point (f) Article 3, point (16)
Article 2, points (g) and (h) Article 3, points (1) and (2)
Article 2, point (i) Article 3, point (5)
Article 2, points (j) and (k) Article 3, points (3) and (4)
Article 2, points (l) and (m) Article 3, points (6) and (7)
Article 2, point (n) —
Article 2, points (o), (p) and (q) Article 3, points (17), (18) and(19)
— Article 3, points (9), (10) (11), (15) and (20)
Article 3(1) Article 2(1)
Article 3(2) Article 2(2)
Article 3(3) Article 2(3)
Article 4(1) Article 4(1) and (7)
Article 4(2), point (a) Article 4 (6)
Article 4(2), point (b) —
— Article 4(3) and (5)
Article 4(3) Article 4(8)
Article 4(4) —
Article 4(5) —
Article 5 —
— Article 5
— Article 26
Article 6(1), first subparagraph Article 27(1), first subparagraph, first sentence
Article 6(1), second subparagraph Article 4(4) and Article 27(3)
Article 6(1), third subparagraph Article 4(2)
— Article 27(1), first subparagraph, points (a) to (d), and second subparagraph
— Article 27(2), (4), (6) and (7)
Article 6(2) Article 28(1) and Article 41(1), point (a)
— Article 28(2)
Article 6(3) Article 28(3)
Article 6(4) Article 28(4)
— Article 28(5), (6) and (7)
Article 6(5) Article 27(5)
— Article 29
Article 7 Article 31 and 32
Article 7(1) —
Article 7(2), first subparagraph Article 31(1)
Article 7(2), second subparagraph —
— Article 31(2)
Article 7(3) Article 32(1)
— Article 32(2) and (3)
Article 7(4) and (5) —
Article 7(5) —
— Article 33
Article 8(1) Article 30(1) and (2)
Article 8(2) Article 30(3)
Article 9(1) Article 10(1) and (2)
Article 9(2) Article 10(3) and Article 10(4), points (a) and (b)
Article 9(3) Article 10(5)
— Article 10(4)(c)
Article 10(1) —
Article 10(2) Article 39(2)
Article 10(3) Article 34(2)
Article 10(3), point (a) Article 34(2)
— Article 34(2), point (a)
Article 10(3), point (b) Article 34(2), point (b)
— Article 34(2), points (c) to (g)
Article 10(3), points (c) and (d) Article 34(3)
Article 10(4) —
Article 10(5) Article 34(4)
Article 11(1) Article 36(1)
Article 11(2), first subparagraph Article 36(2) and (3)
Article 11(2), second subparagraph —
Article 11(3) Article 36(3)
— Article 36(4)
Article 12(1) Article 8(1)
Article 12(1), point (a) Article 8(2), first subparagraph, points (b),(c), (e), and second subparagraph
— Article 8(2), first subparagraph, points (a) and (d)
— Article 8(2), third subparagraph
Article 12(1), point (b) Article 8(3)
Article 12(1), point (c) Article 8(4)
Article 12(1), point (d) Article 8(5)
Article 12(1), point (e) Article 8(6)
Article 12(1), point (f) Article 8(2), first subparagraph, point (f)
— Article 8(7)
Article 12(2) —
— Article 9(1)
Article 13(1) Article 9(2)
— Article 9(2), first subparagraph, points (a),(b), (d), (e), (g) and (h)
Article 13(2), point (a) Article 9(4)
Article 13(2), point (b) Article 9(2), first subparagraph, point (f)
Article 13(2), point (c) Article 9(2), first subparagraph, point (c), and Article 9(3)
Article 13(2), point (d) Article 9(5)
Article 13(2), point (e) —
Article 13(2), point (f) —
— Article 9(2), second subparagraph
Article 14(1), first subparagraph Article 11(1), Article 12(1) and Article 13(6), first sentence
— Article 11(2)
— Article 13(1),
Article 14(1), second subparagraph Article 13(6)
Article 14(1), third subparagraph Article 13(2)
Article 14(1), fourth subparagraph Article 22(3), first subparagraph
Article 14(2), first subparagraph Article 13(11)
Article 14(2), point (a) Article 13(11), point (a)
— Article 13 (8) and (10)
— Article 13(11), first subparagraph, points (b),(d) and (e), and third subparagraph
— Article 13(13), first subparagraph
Article 14(2), point (b) Article 13(11), first subparagraph, point (c)
Article 14(2), second subparagraph Article 13(11), second subparagraph
Article 14(3) Article 13(14)
Article 14(4) Article 13(11), second subparagraph
Article 14(5) Article 41(1), point (d)
Article 15(1) —
Article 15(2) Article 13(3)
Article 15(3) Article 13(3)
Article 15(3), point (a) Article 13(7), point (a)
Article 15(3), point (b) Article 13(9)
Article 15(3), point (c) Article 13(5) and (9)
Article 15(3), point (d) Article 13(7), point (b)
Article 15(3), point (e) Article 22(3), second subparagraph
— Article 13(8)
— Article 13(10)
— Article 13(1)
Article 15(4) —
Article 16 Article 12(2)
Article 17(1) Article 14(1)
Article 17(2) Article 14(2)
Article 17(3), first subparagraph Article 14(3) and (4)
Article 17(3), second subparagraph Article 14(5)
Article 17(4) Article 14(4)
Article 17(5), first subparagraph Article 14(6), first subparagraph
Article 17(5), second subparagraph Article 14(5), second subparagraph
Article 17(5), third subparagraph —
Article 18(1), first subparagraph Article 24(1)
Article 18(1), second subparagraph Article 24(5) and (6)
Article 18(1), third subparagraph Article 24(2), second subparagraph
— Article 24(2), first and third subparagraphs
— Article 24(5) and (6)
Article 18(2) Article 24(3)
Article 18(3) Article 24(4)
Article 19 —
— Article 16
Article 20(1) Article 17(1)
Article 20(2) Article 15(3)
— Article 17(2)
— Article 17(2), point (a)
Article 20(3), first subparagraph Article 17(2), point (b)
— Article 17(2), points (c) and (d)
Article 20(3), second subparagraph Article 17(3)
Article 20(3), third subparagraph Article 19(2)
Article 20(4) —
Article 21(1) Article 19(1)
Article 21(2) —
Article 21(3) Article 19(2)
Article 21(4) Article 19(4)
Article 21(5) Article 19(5)
— Article 19(3)
Article 22(1) Article 15(1)
— Article 15(2) and (4)
Article 22(2) Article 19(1)
Article 23(1) Article 18(1) and (2)
Article 23(2) Article 18(3)
Article 23(3), first subparagraph Article 13(4)
Article 23(3), second subparagraph Article 13(13), third subparagraph
Article 23(4), first subparagraph —
Article 23(4), second subparagraph Article 13(12)
Article 23(4), third subparagraph Article 13(13), second subparagraph
Article 24(1) Article 20(1)
Article 24(2) Article 20(1)
— Article 20(2), (4) and (5)
— Article 20(3), first subparagraph
Article 24(3) Article 21(1) and (2)
Article 24(4) Article 20(3), second subparagraph
— Article 23(1)
— Article 23(2), fourth subparagraph
— Article 23(3) and (4)
— Article 23(5), first subparagraph, points (b) and (c), and second subparagraph
— Article 23(6) and (7)
Article 25(1), first subparagraph, point (a) Article 23(2), first subparagraph, points (a) and (b), and second subparagraph, Article 23(5), first subparagraph, point (a), and Article 23(9)
Article 25(1), first subparagraph, point (b) Article 23(8)
Article 25(1), second subparagraph Article 23(8), third subparagraph
— Article 23(10)
Article 25(2) Article 23(2), third subparagraph
— Article 22(2) and (3)
Article 25(3), point (a) Article 22(3), second subparagraph
Article 25(3), point (b) Article 23(5)
Article 25(4) —
Article 25(5) Article 25
Article 25(5), first subparagraph Article 25(1) and (3)
Article 25(5), second subparagraph Article 25(4)
Article 25(5), third subparagraph, point (a) Article 25(4)
Article 25(5), third subparagraph, point (b) Article 25(5)
Article 25(5), third subparagraph, point (c) —
Article 25(5), fourth subparagraph Article 25(6)
— Article 25(7)
Article 25(6), first subparagraph Article 22(1)
Article 25(6), second subparagraph, point (a) Article 42(3)
Article 25(6), second subparagraph, point (a)(i) Article 42(3), point (a)
Article 25(6), second subparagraph, point (a)(ii) Article 42(3), point (c)
Article 25(6), second subparagraph, point (a)(iii) Article 42(3), point (b)
— Article 42(3), points (d) and (e)
Article 25(6), second subparagraph, point (b) Article 53(1)
Article 25(6), second subparagraph, point (b)(i) —
Article 25(6), second subparagraph, point (b)(ii) —
Article 25(6), second subparagraph, point (b)(iii) Article 53(1)
Article 25(6), second subparagraph, point (b)(iv) —
Article 25(6), second subparagraph, point (b)(v) —
Article 25(6), second subparagraph, point (b)(vi) —
Article 25(6), second subparagraph, point (b), second sentence —
Article 25(6), second subparagraph, point (c) Article 59(5) and (6)
Article 25(6), second subparagraph, point (d) —
Article 26 —
Article 27(1) Article 40(1) and (3)
— Article 40(2) and (4)
Article 27(2) —
Article 28(1), first subparagraph Article 41(5)
Articler 28(1), second subparagraph, point (a) Article 41(1), point (d)
Articler 28(1), second subparagraph, point (b) Article 41(1), points (e) and (f)
— Article 41(1), points (a), (b) and (c)
Article 28(1), third subparagraph —
— Article 41(2), (3) and (4)
Article 28(2) —
Article 28(3) —
Article 29 Article 6
Article 30 Article 7(2)
Article 31(1) Article 34(1)
— Article 34(2)
— Article 34(3)
— Article 34(4)
— Article 35
— Article 35(1)
— Article 35(2)
— Article 35(3)
Article 31(2) Article 35(4)
Article 31(3), first subparagraph Article 35(4)
Article 31(3), second subparagraph Article 35(5)
Article 31(3), third subparagraph, point (a) Article 35(5), point (b)
Article 31(3), third subparagraph, point (b) Article 35(5), point (a)
Article 31(3), third subparagraph, point (c) Article 35(5), point (c)
Article 31(3), fourth subparagraph —
Article 31(4) Article 35(7)
Article 31(5) Article 35(7), second subparagraph
Article 31(6) —
Article 31(7) Article 34(5)
Article 31(8) Article 42(1)
Article 31(8), point (a) Article 42(1), point (a)
Article 31(8), point (b) Article 42(1), point (e)
Article 31(8), point (c) Article 42(1), point (c)
Article 31(8), point (d) —
Article 31(8), point (e) Article 42(1), point (b)
Article 31(8), point (f) Article 42(1), point (g)
Article 31(8), point (g) Article 42(1), point (d)
Article 31(8), point (h) Article 42(1), point (h)
Article 31(8), point (i) —
Article 31(8), point (j) Article 42(1), point (f)
— Article 42(1), point (i)
— Article 42(1), point (j)
Article 31(9) Article 35(3)
— Article 42(2)
— Article 42(3)
— Article 42(4)
Article 32(1) Article 39(3)
Article 32(2) Article 39(4)
Article 33(1) Article 39(1)
Article 33(2) Article 38(1)
Article 33(2), point (a) Article 38(1), point (c)
Article 33(2), point (b) Article 38(1), point (a)
Article 33(2), point (c) Article 38(1), point (b)
Article 33(2), point (d) Article 38(2)
Article 33(2), point (e) —
— Article 38(1), point (d)
— Article 38(1), point (e)
Article 34(1) Articles 11(1)
Article 34(2) Article 13(6)
— Article 57
Article 35, first paragraph Article 58(1)
Article 35, second paragraph Article 58(2)
— Article 58(3)
— Article 58(4)
— Article 58(5)
— Article 60
Article 36(1) Article 61(5)
— Article 61(1)
— Article 61(2)
— Article 61(3)
— Article 61(4)
Article 36(2) —
— Article 62
— Article 63
Article 37(1) Article 64(1)
Article 37(2) —
Article 37(3) —
— Article 64(2)
— Article 64(3)
Article 37(4) Article 64(4)
Article 38(1) Article 59(1)
— Article 59(2)
— Article 59(3)
Article 38(2), point (a) Article 59(5), point (b)
— Article 59(4)
Article 38(2), point (b) —
Article 38(2), point (c) Article 59(5)
— Article 59(6)
— Article 59(7)
Article 38(3) Article 59(8)
Article 38(4) Article 59(9)
Article 38(5) Article 64(4)
Article 39 —
Article 40(1) Article 55(1)
— Article 55(2)
Article 40(2) Article 55(3)
Article 40(3) Article 55(3), point (a)
— Article 55(3), point (b)
— Article 55(4)
Article 40(4) Article 55(5)
— Article 55(6)
Article 40(5) Article 55(7)
Article 40(6) —
Article 40(7) —
Article 41 Article 56
Article 41(1), first subparagraph, point (a) Article 56, point (a)
Article 41(1), first subparagraph, point (b) Article 56, point (b)
Article 41(1), second subparagraph Article 56, first sentence
Article 41(2) —
Article 42 —
Article 42(1) Article 55(4)
Article 42(2), first subparagraph, point (a) —
Article 42(2), first subparagraph, point (b) Article 55(4)
Article 42(2), second subparagraph —
Article 42(3) —
Article 43 Articles 43 to 54
Article 44 Article 65
Article 45 Article 66
Article 45(1) Article 66(1)
Article 45(2) Article 66(2)
Article 45(3) Article 66(3)
Article 45(4) Article 66(4)
— Article 66(5)
Article 45(5) Article 66(6)
Article 46 Article 67
Article 46(1) Article 67(1)
Article 46(1), point (a)(i) Article 67(1), point (b)
Article 46(1), point (a)(ii) Article 67(1), point (a)
Article 46(1), point (a)(iii) —
Article 46(1), point (a)(iv) —
Article 46(1), point (b) —
Article 46(1), point (c) Article 67(1), point (d)
Article 46(2), first subparagraph Article 67(2)
Article 46(2), second subparagraph —
Article 46(3) Article 67(3)
— Article 67(4)
— Article 67(5)
Article 46(4), first subparagraph —
— Article 67(6)
Article 46(4), second subparagraph —
— Article 68
— Article 68(1)
Article 46(5) Article 68(2)
Article 46(6) Article 68(3) and (4)
Article 46(6), point (a) Article 68(3), point (a)(i) and (ii)
Article 46(6), point (b) Article 68(3), point (b)
Article 46(6), point (c) —
Article 46(6), point (d) —
— Article 68(3), points (c) and (e)
Article 46(7) Article 68(4) and (5)
Article 46(8) Article 68(5), point (d)(i) and (ii)
Article 46(9) —
Article 46(10) Article 69
Article 46(11) —
Article 47 Article 70
Article 48 Article 7(1)
Article 49 Article 71
— Article 72
— Article 73
— Article 74
— Article 75
— Article 76
Article 50 Article 77
Article 51 —
Article 52 —
Article 53 Article 78
Article 54 Article 79
Article 55 —

ANNEX II

The following third countries are designated as safe countries of origin at Union level:

Bangladesh

Colombia

Egypt

India

Kosovo ([^E0004])

Morocco

Tunisia

[^E0001]: () Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

OJ L 123, 12.5.2016, p. 1.

[^E0003]: () Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).

[^E0004]: 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.

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