In November 1997, the Committee of Ministers adopted Recommendation No. R(97)22, which contains guidelines on the application of the safe third country concept in the field of human rights and international protection.

Given that the Recommendation was adopted over 25 years ago and considering the significant legal developments that have taken place since, including the examination of issues related to the removal of asylum seekers to third countries in subsequent judgements of the European Court of Human Rights, the Committee of Ministers considered that there is a need to review and possibly revise Recommendation No. R(97)22, taking into account Parliamentary Assembly’s Recommendation 2238 (2022) on Safe Third Countries for Asylum Seekers, which addresses the setting of standards for the transfer, return and readmission of asylum seekers and refugees.

On this basis, the Committee of Ministers instructed the Steering Committee for Human Rights (CDDH) to a prepare a study on the need for and the feasibility of updating Recommendation No. R(97)22. The CDDH established a Drafting Group on the Safe Third Country Concept (CDDH-PTS) to conduct preparatory work. 

The study was adopted by the Group in March 2026 during the 4th and last meeting of the CDDH-PTS and will be presented to the CDDH at its next plenary meeting in June 2026.

Study on the need for and the feasibility of updating Committee of Ministers’ Recommendation No. R(97)22 to member States containing Guidelines on the Application of the Safe Third Country Concept