implementation of the safe third country concept in Greece has been raised by civil society organisations572 as well as by applicants for international protection affected by these violations.573 Ιn response to the parliamentary questions raised by the European Parliament, the European Commission stated that: ‘Türkiye suspended returns from Greece in March 2020, in the context of COVID-19 related restrictions and albeit repeated calls from Greece and the Commission to resume returns pursuant to the EU-Türkiye Statement, Türkiye has not so far resumed operations. Article 38(4) of the Asylum Procedures Directive provides that ‘where the third country does not permit the applicant to enter its territory, Member States shall ensure that access to [an asylum] procedure is given’. In line with that provision, applicants whose application has been declared inadmissible are therefore able to apply again. In re-examining and deciding on those applications, Greece will need to take into account the circumstances at the time of the (re-) examination of the individual applications, including with regard to the prospect of return in line with the EU-Türkiye Statement’.574 ‘In the Commission’s view, to the extent inadmissible applicants are not being permitted to enter Türkiye, Article 38(4) of the directive should also be applied in relation to these applications and access given to the asylum procedure on the basis of their merits’575. ‘The condition for the application of Article 38(4) of the Asylum Procedures Directive is that ‘the third country does not permit the applicant to enter its territory’. If that condition is met, Member States shall ensure that access to a procedure on substance is given, and therefore shall not reject the subsequent application as inadmissible on the basis of the safe third country concept.’576 ‘Different factual or legal situations may result in an applicant not being permitted to enter the territory of a country designated as a safe third country in accordance with Article 38 of the Asylum Procedures Directive. Such situations include the suspension by either party of a bilateral readmission agreement, or the failure by the third country to respond within the relevant deadlines to readmission requests made by the Member State. To the extent the applicant is not permitted to enter the territory of the safe third country, in particular if the underlying situation preventing entry persists since 2018 or 2020, the Member State shall ensure, in accordance with the Asylum Procedures Directive, that access to a procedure is given to the applicant’.577 Following the 27 October 2022 report of the European Commission, civil society organisations co-signed a letter addressed to the Director of the Asylum Service on the very same day, copied to the Ministers of Migration and Asylum, Foreign Affairs, as well as to the Deputy Minister of Foreign Affairs, the Executive Director of the Appeals Authority and the Deputy Director-General for Migration and Home Affairs of the European Commission. In the letter they urged the Director of the Asylum Services and the Ministries of Migration and Asylum and of Foreign Affairs to: ‘1. Immediately repeal the national list of safe third countries set out by JMD 42799/2021, as amended by JMD 458568/2021. 2. Publish previous and upcoming opinions of the Director of the Asylum Service regarding the designation of safe third countries, which should be made available to asylum seekers subject to the application of the list according to the 572 573 574 575 576 577 Joint Civil Society Letter to Commissioner Johansson: Implementation of the safe third country concept in Greece, 8 March 2022 Reference No: β/50/4.3.2022, available at: https://bit.ly/3iN3RPI. CHAP(2021)02261, 7 June 2021; CHAP(2021)02274, 8 June 2021, CHAP(2021)02994, 31 July 2021. See also RSA, Asylum seekers in Greece lodge complaint on infringement of Asylum Directives, 16 June 2021, available at: https://bit.ly/3tkl5ZV. European Commission, Reply to parliamentary question P-000604/2021(ASW), 1 June 2021, available at: https://bit.ly/44otFZl. European Commission, Reply to parliamentary question E-004131/2021(ASW), 21 December 2021, available at: https://bit.ly/45w7rFb. European Commission, Reply to parliamentary question E-005103/2021(ASW), 25 January 2022, available at: https://bit.ly/3Q3NugU. European Commission, Reply to parliamentary question E-001347/2022(ASW), 22 June 2022, available at: https://bit.ly/3oZYIqU. 131