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Procedures Regulation:
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.


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Directive 2013/32/EUThis Regulation
—Article 63
Categories: Articles Key words: Safe Country of Origin, Safe Third Country

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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