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).
Correlation table
| Directive 2013/32/EU | This Regulation |
| 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(5) | Article 64(4) |