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 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 .
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.
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 36(1) | Article 61(5) |
| — | Article 61(1) |
| — | Article 61(2) |
| — | Article 61(3) |
| — | Article 61(4) |
| Article 36(2) | — |