32026R0463#rec_2Regulation (EU) 2026/463 of the European Parliament and of the Council

Recital (2)

When applying the concept of safe third country as a ground for inadmissibility, Regulation (EU) 2024/1348 requires the existence of a connection between the applicant and the third country on the basis of which it would be reasonable for the applicant to go to that third country. However, the existence of a connection between the applicant and the safe third country is not required by international refugee law, in particular the Geneva Convention relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol relating to the Status of Refugees of 31 January 1967, or international human rights law, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, Member States should have the possibility to apply the concept of safe third country where no connection can be established between the applicant and the safe third country concerned, under the conditions provided for in Regulation (EU) 2024/1348 as amended by this Regulation.

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