EU member states are set to examine a fresh Council compromise today (Monday 8 September), which would expand how the “safe third country” (STC) concept may be applied and ease the interpretation of an asylum seeker’s “connection” to the country designated for transfer.
Under EU asylum law, the STC concept allows authorities to declare an application inadmissible if protection is deemed available in a non-EU country considered “safe”. The approach was updated in the Asylum Procedure Regulation (APR) adopted in May 2024 and due to apply from mid-2026. The APR broadened the scope of STC use, including how safety is assessed and how a “connection” may be interpreted, and created the possibility of an EU-level list of STCs alongside national designations.
The European Commission proposed further changes on 20 May 2025. The proposal would remove the requirement for a connection to be established in every case, allowing member states to apply the STC concept where a link exists under national law and to treat prior transit as a sufficient link. Today’s Council discussion follows on from that initiative.
According to the new compromise text, the list of links that could demonstrate a connection would be widened beyond those already referenced in EU law. The draft points to family members, previous residence or settlement, and linguistic or cultural ties, and adds an open category of “other similar ties”, which would give capitals greater discretion. It also clarifies what counts as “transit”, including crossing a transit zone, being able to seek protection at a border, or entering the EU directly after time spent in a third country.
The treatment of unaccompanied minors would also be adjusted. The Commission’s May text signalled that unaccompanied minors should not be transferred under STC arrangements. The Council draft would open a narrow exception by permitting transfers where, and only where, this complies with international law and the general principles of EU law. The text stresses that such cases are expected to be rare and that EU-level restrictions should not exceed what international law expressly requires.
In parallel, the APR framework provides additional context for these discussions. It allows an EU-level list of STCs and permits designations with territorial or category-specific limitations. It also introduces a presumption of safety where the EU concludes an international agreement with a third country covering readmission and protection standards, while maintaining case-by-case safeguards and access to remedies. These provisions will apply from June 2026.
Notably, the APR does not expressly require that a third country be a party to the 1951 Refugee Convention to be designated “safe”. Instead, it focuses on whether protection in line with relevant standards, including non-refoulement, would be ensured—such as under an EU agreement. The EU’s research service has underlined that authorities must still make individualised safety assessments and ensure effective legal remedies.
The latest Council drafting sits alongside other files in the Pact on Migration and Asylum’s implementation phase. The Commission has proposed a new Return Regulation, aimed at harmonising and accelerating removals, and a Union list of safe countries of origin. Both remain under negotiation in the Council.
Debate around the package is likely to be close. Humanitarian and legal groups have argued that loosening connection criteria and expanding STC transfers could curtail access to in-EU asylum procedures and heighten the risk of chain refoulement, and they have called for stronger safeguards. The Commission and several member states, by contrast, frame the changes as a way to align procedures across the EU, deter irregular movements and increase the feasibility of returns, subject to compliance with international law.
Member states will now weigh whether the compromise strikes a viable balance between flexibility for national authorities and the legal guarantees required by EU and international standards. Any final agreement would need to dovetail with the APR’s obligations—particularly the requirement for case-by-case assessments, access to an effective remedy, and respect for non-refoulement—before the Pact becomes operational from summer 2026.
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