Regulation (EU) 2026/464 of the European Parliament and of the Council of 24 February 2026 amending Regulation (EU) 2024/1348 as regards the establishment of a list of safe countries of origin at Union level

Type Regulation
Publication 2026-02-26
State In force
Text As published
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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2026/464 26.2.2026

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2), point (d), thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee [^ntr1-L_202600464EN.000101-E0001],

Acting in accordance with the ordinary legislative procedure [^ntr2-L_202600464EN.000101-E0002],

Whereas:

HAVE ADOPTED THIS REGULATION:

Article 1

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

‘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.’

;

‘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.’

;

‘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.’

;

‘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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.’

;

‘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.

  1. 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.’

;

‘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.’

;

‘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.’

;

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.

Done at Brussels, 24 February 2026.

For the European Parliament

The President

R. METSOLA

For the Council

The President

C. KOMBOS

[^ntr1-L_202600464EN.000101-E0001]: Opinion of 23 October 2025 (not yet published in the Official Journal).

[^ntr2-L_202600464EN.000101-E0002]: Position of the European Parliament of 10 February 2026 (not yet published in the Official Journal) and decision of the Council of 23 February 2026.

[^ntr3-L_202600464EN.000101-E0003]: 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 (OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj).

[^ntr4-L_202600464EN.000101-E0004]: Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/2303/oj).

[^ntr5-L_202600464EN.000101-E0005]: Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12, http://data.europa.eu/eli/dir/2001/55/oj).

[^ntr*-L_202600464EN.000101-E0006]: 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.

[^ntr6-L_202600464EN.000101-E0007]: Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council (OJ L, 2024/1347, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1347/oj).

[^ntr7-L_202600464EN.000101-E0008]: Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60, ELI: http://data.europa.eu/eli/dir/2013/32/oj).

ANNEX

‘ANNEX II

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

Bangladesh
Colombia
Egypt
India
Kosovo[^ntr*1-L_202600464EN.001202-E0001]
Morocco
Tunisia

[^ntr*1-L_202600464EN.001202-E0001]: 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.’.’

ELI: http://data.europa.eu/eli/reg/2026/464/oj

ISSN 1977-0677 (electronic edition)

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