CHAPTER IIIPROCEDURES AT FIRST INSTANCE
SECTION III
Article 39The concept of European safe third country
1.
Member States may provide that no, or no full, examination of the application for international protection and of the safety of the applicant in his or her particular circumstances as described in Chapter II shall take place in cases where a competent authority has established, on the basis of the facts, that the applicant is seeking to enter or has entered illegally into its territory from a safe third country according to paragraph 2.
2.
A third country can only be considered as a safe third country for the purposes of paragraph 1 where:
(a)
it has ratified and observes the provisions of the Geneva Convention without any geographical limitations;
(b)
it has in place an asylum procedure prescribed by law; and
(c)
it has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and observes its provisions, including the standards relating to effective remedies.
3.
The applicant shall be allowed to challenge the application of the concept of European safe third country on the grounds that the third country concerned is not safe in his or her particular circumstances.
4.
The Member States concerned shall lay down in national law the modalities for implementing the provisions of paragraph 1 and the consequences of decisions pursuant to those provisions in accordance with the principle of non-refoulement, including providing for exceptions from the application of this Article for humanitarian or political reasons or for reasons of public international law.
5.
When implementing a decision solely based on this Article, the Member States concerned shall:
(a)
inform the applicant accordingly; and
(b)
provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.
6.
Where the safe third country does not readmit the applicant, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II.
7.
Member States shall inform the Commission periodically of the countries to which this concept is applied in accordance with this Article.