COUNCIL DIRECTIVE 2004/83/EC
of 29 April 2004
on minimum standards for the qualification and status of third country nationals or stateless
persons as refugees or as persons who otherwise need international protection and the content of
the protection granted
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Com-
munity, and in particular points 1(c), 2(a) and 3(a) of Article
63 thereof,
Having regard to the proposal from the Commission (1
),
Having regard to the opinion of the European Parliament (2
),
Having regard to the opinion of the European Economic and
Social Committee (3
),
Having regard to the opinion of the Committee of the
Regions (4
),
Whereas:
(1) A common policy on asylum, including a Common
European Asylum System, is a constituent part of the
European Union's objective of progressively establishing
an area of freedom, security and justice open to those
who, forced by circumstances, legitimately seek protec-
tion in the Community.
(2) The European Council at its special meeting in Tampere
on 15 and 16 October 1999 agreed to work towards
establishing a Common European Asylum System, based
on the full and inclusive application of the Geneva
Convention relating to the Status of Refugees of
28 July 1951 (Geneva Convention), as supplemented by
the New York Protocol of 31 January 1967 (Protocol),
thus affirming the principle of non-refoulement and
ensuring that nobody is sent back to persecution.
(3) The Geneva Convention and Protocol provide the
cornerstone of the international legal regime for the
protection of refugees.
(4) The Tampere conclusions provide that a Common Euro-
pean Asylum System should include, in the short term,
the approximation of rules on the recognition of refu-
gees and the content of refugee status.
(5) The Tampere conclusions also provide that rules
regarding refugee status should be complemented by
measures on subsidiary forms of protection, offering an
appropriate status to any person in need of such protec-
tion.
(6) The main objective of this Directive is, on the one hand,
to ensure that Member States apply common criteria for
the identification of persons genuinely in need of inter-
national protection, and, on the other hand, to ensure
that a minimum level of benefits is available for these
persons in all Member States.
(7) The approximation of rules on the recognition and
content of refugee and subsidiary protection status
should help to limit the secondary movements of appli-
cants for asylum between Member States, where such
movement is purely caused by differences in legal frame-
works.
(8) It is in the very nature of minimum standards that
Member States should have the power to introduce or
maintain more favourable provisions for third country
nationals or stateless persons who request international
protection from a Member State, where such a request is
understood to be on the grounds that the person
concerned is either a refugee within the meaning of
Article 1(A) of the Geneva Convention, or a person who
otherwise needs international protection.
(9) Those third country nationals or stateless persons, who
are allowed to remain in the territories of the Member
States for reasons not due to a need for international
protection but on a discretionary basis on compassionate
or humanitarian grounds, fall outside the scope of this
Directive.
(10) This Directive respects the fundamental rights and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union. In
particular this Directive seeks to ensure full respect for
human dignity and the right to asylum of applicants for
asylum and their accompanying family members.
(11) With respect to the treatment of persons falling within
the scope of this Directive, Member States are bound by
obligations under instruments of international law to
which they are party and which prohibit discrimination.
30.9.2004L 304/12 Official Journal of the European UnionEN
(1
) OJ C 51 E, 26.2.2002, p. 325.
(2
) OJ C 300 E, 11.12.2003, p. 25.
(3
) OJ C 221, 17.9.2002, p. 43.
(4
) OJ C 278, 14.11.2002, p. 44.
(12) The `best interests of the child' should be a primary
consideration of Member States when implementing this
Directive.
(13) This Directive is without prejudice to the Protocol on
asylum for nationals of Member States of the European
Union as annexed to the Treaty Establishing the Euro-
pean Community.
(14) The recognition of refugee status is a declaratory act.
(15) Consultations with the United Nations High Commis-
sioner for Refugees may provide valuable guidance for
Member States when determining refugee status
according to Article 1 of the Geneva Convention.
(16) Minimum standards for the definition and content of
refugee status should be laid down to guide the compe-
tent national bodies of Member States in the application
of the Geneva Convention.
(17) It is necessary to introduce common criteria for recog-
nising applicants for asylum as refugees within the
meaning of Article 1 of the Geneva Convention.
(18) In particular, it is necessary to introduce common
concepts of protection needs arising sur place; sources of
harm and protection; internal protection; and persecu-
tion, including the reasons for persecution.
(19) Protection can be provided not only by the State but
also by parties or organisations, including international
organisations, meeting the conditions of this Directive,
which control a region or a larger area within
the territory of the State.
(20) It is necessary, when assessing applications from minors
for international protection, that Member States should
have regard to child-specific forms of persecution.
(21) It is equally necessary to introduce a common concept
of the persecution ground `membership of a particular
social group'.
(22) Acts contrary to the purposes and principles of the
United Nations are set out in the Preamble and Articles 1
and 2 of the Charter of the United Nations and are,
amongst others, embodied in the United Nations Resolu-
tions relating to measures combating terrorism, which
declare that `acts, methods and practices of terrorism are
contrary to the purposes and principles of the United
Nations' and that `knowingly financing, planning and
inciting terrorist acts are also contrary to the purposes
and principles of the United Nations'.
(23) As referred to in Article 14, `status' can also include
refugee status.
(24) Minimum standards for the definition and content of
subsidiary protection status should also be laid
down. Subsidiary protection should be complementary
and additional to the refugee protection enshrined in the
Geneva Convention.
(25) It is necessary to introduce criteria on the basis of which
applicants for international protection are to be recog-
nised as eligible for subsidiary protection. Those criteria
should be drawn from international obligations under
human rights instruments and practices existing in
Member States.
(26) Risks to which a population of a country or a section of
the population is generally exposed do normally not
create in themselves an individual threat which would
qualify as serious harm.
(27) Family members, merely due to their relation to the
refugee, will normally be vulnerable to acts of persecu-
tion in such a manner that could be the basis for refugee
status.
(28) The notion of national security and public order also
covers cases in which a third country national belongs
to an association which supports international terrorism
or supports such an association.
(29) While the benefits provided to family members of bene-
ficiaries of subsidiary protection status do not necessarily
have to be the same as those provided to the qualifying
beneficiary, they need to be fair in comparison to those
enjoyed by beneficiaries of subsidiary protection status.
(30) Within the limits set out by international obligations,
Member States may lay down that the granting of bene-
fits with regard to access to employment, social welfare,
health care and access to integration facilities requires
the prior issue of a residence permit.
(31) This Directive does not apply to financial benefits from
the Member States which are granted to promote educa-
tion and training.
(32) The practical difficulties encountered by beneficiaries of
refugee or subsidiary protection status concerning the
authentication of their foreign diplomas, certificates or
other evidence of formal qualification should be taken
into account.
(33) Especially to avoid social hardship, it is appropriate, for
beneficiaries of refugee or subsidiary protection status,
to provide without discrimination in the context of
social assistance the adequate social welfare and means
of subsistence.
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(34) With regard to social assistance and health care, the
modalities and detail of the provision of core benefits to
beneficiaries of subsidiary protection status should be
determined by national law. The possibility of limiting
the benefits for beneficiaries of subsidiary protection
status to core benefits is to be understood in the sense
that this notion covers at least minimum income
support, assistance in case of illness, pregnancy and
parental assistance, in so far as they are granted to
nationals according to the legislation of the Member
State concerned.
(35) Access to health care, including both physical and
mental health care, should be ensured to beneficiaries of
refugee or subsidiary protection status.
(36) The implementation of this Directive should be evalu-
ated at regular intervals, taking into consideration in par-
ticular the evolution of the international obligations of
Member States regarding non-refoulement, the evolution
of the labour markets in the Member States as well as
the development of common basic principles for integra-
tion.
(37) Since the objectives of the proposed Directive, namely to
establish minimum standards for the granting of interna-
tional protection to third country nationals and stateless
persons by Member States and the content of the protec-
tion granted, cannot be sufficiently achieved by the
Member States and can therefore, by reason of the scale
and effects of the Directive, be better achieved at Com-
munity level, the Community may adopt measures, in
accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty. In accordance with the prin-
ciple of proportionality, as set out in that Article, this
Directive does not go beyond what is necessary in order
to achieve those objectives.
(38) In accordance with Article 3 of the Protocol on the posi-
tion of the United Kingdom and Ireland, annexed to the
Treaty on European Union and to the Treaty establishing
the European Community, the United Kingdom has noti-
fied, by letter of 28 January 2002, its wish to take part
in the adoption and application of this Directive.
(39) In accordance with Article 3 of the Protocol on the posi-
tion of the United Kingdom and Ireland, annexed to the
Treaty on European Union and to the Treaty establishing
the European Community, Ireland has notified, by letter
of 13 February 2002, its wish to take part in the adop-
tion and application of this Directive.
(40) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and to the Treaty establishing the Euro-
pean Community, Denmark is not taking part in the
adoption of this Directive and is not bound by it or
subject to its application,
HAS ADOPTED THIS DIRECTIVE,
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
The purpose of this Directive is to lay down minimum stan-
dards for the qualification of third country nationals or stateless
persons as refugees or as persons who otherwise need interna-
tional protection and the content of the protection granted.
Article 2
Definitions
For the purposes of this Directive:
(a) `international protection' means the refugee and subsidiary
protection status as defined in (d) and (f);
(b) `Geneva Convention' means the Convention relating to the
status of refugees done at Geneva on 28 July 1951, as
amended by the New York Protocol of 31 January 1967;
(c) `refugee' means a third country national who, owing to a
well-founded fear of being persecuted for reasons of race,
religion, nationality, political opinion or membership of a
particular social group, is outside the country of nationality
and is unable or, owing to such fear, is unwilling to avail
himself or herself of the protection of that country, or a
stateless person, who, being outside of the country of
former habitual residence for the same reasons as
mentioned above, is unable or, owing to such fear,
unwilling to return to it, and to whom Article 12 does not
apply;
(d) `refugee status' means the recognition by a Member State of
a third country national or a stateless person as a refugee;
(e) `person eligible for subsidiary protection' means a third
country national or a stateless person who does not qualify
as a refugee but in respect of whom substantial grounds
have been shown for believing that the person concerned,
if returned to his or her country of origin, or in the case of
a stateless person, to his or her country of former habitual
residence, would face a real risk of suffering serious harm
as defined in Article 15, and to whom Article 17(1) and (2)
do not apply, and is unable, or, owing to such risk,
unwilling to avail himself or herself of the protection of
that country;
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(f) `subsidiary protection status' means the recognition by a
Member State of a third country national or a stateless
person as a person eligible for subsidiary protection;
(g) `application for international protection' means a request
made by a third country national or a stateless person for
protection from a Member State, who can be understood to
seek refugee status or subsidiary protection status, and who
does not explicitly request another kind of protection,
outside the scope of this Directive, that can be applied for
separately;
(h) `family members' means, insofar as the family already
existed in the country of origin, the following members of
the family of the beneficiary of refugee or subsidiary
protection status who are present in the same Member
State in relation to the application for international protec-
tion:
-- the spouse of the beneficiary of refugee or subsidiary
protection status or his or her unmarried partner in a
stable relationship, where the legislation or practice of
the Member State concerned treats unmarried couples
in a way comparable to married couples under its law
relating to aliens,
-- the minor children of the couple referred to in the first
indent or of the beneficiary of refugee or subsidiary
protection status, on condition that they are unmarried
and dependent and regardless of whether they were
born in or out of wedlock or adopted as defined under
the national law;
(i) `unaccompanied minors' means third-country nationals or
stateless persons below the age of 18, who arrive on
the territory of the Member States unaccompanied by an
adult responsible for them whether by law or custom, and
for as long as they are not effectively taken into the care of
such a person; it includes minors who are left unaccompa-
nied after they have entered the territory of the Member
States;
(j) `residence permit' means any permit or authorisation issued
by the authorities of a Member State, in the form provided
for under that State's legislation, allowing a third country
national or stateless person to reside on its territory;
(k) `country of origin' means the country or countries of
nationality or, for stateless persons, of former habitual resi-
dence.
Article 3
More favourable standards
Member States may introduce or retain more favourable stan-
dards for determining who qualifies as a refugee or as a person
eligible for subsidiary protection, and for determining the
content of international protection, in so far as those standards
are compatible with this Directive.
CHAPTER II
ASSESSMENT OF APPLICATIONS FOR INTERNATIONAL
PROTECTION
Article 4
Assessment of facts and circumstances
1. Member States may consider it the duty of the applicant
to submit as soon as possible all elements needed to
substantiate the application for international protection. In
cooperation with the applicant it is the duty of the Member
State to assess the relevant elements of the application.
2. The elements referred to in of paragraph 1 consist of the
applicant's statements and all documentation at the applicants
disposal regarding the applicant's age, background, including
that of relevant relatives, identity, nationality(ies), country(ies)
and place(s) of previous residence, previous asylum applica-
tions, travel routes, identity and travel documents and the
reasons for applying for international protection.
3. The assessment of an application for international protec-
tion is to be carried out on an individual basis and includes
taking into account:
(a) all relevant facts as they relate to the country of origin at
the time of taking a decision on the application; including
laws and regulations of the country of origin and the
manner in which they are applied;
(b) the relevant statements and documentation presented by
the applicant including information on whether the appli-
cant has been or may be subject to persecution or serious
harm;
(c) the individual position and personal circumstances of the
applicant, including factors such as background, gender and
age, so as to assess whether, on the basis of the applicant's
personal circumstances, the acts to which the applicant has
been or could be exposed would amount to persecution or
serious harm;
(d) whether the applicant's activities since leaving the country
of origin were engaged in for the sole or main purpose of
creating the necessary conditions for applying for interna-
tional protection, so as to assess whether these activities
will expose the applicant to persecution or serious harm if
returned to that country;
(e) whether the applicant could reasonably be expected to avail
himself of the protection of another country where he
could assert citizenship.
4. The fact that an applicant has already been subject to
persecution or serious harm or to direct threats of such perse-
cution or such harm, is a serious indication of the applicant's
well-founded fear of persecution or real risk of suffering serious
harm, unless there are good reasons to consider that such
persecution or serious harm will not be repeated.
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5. Where Member States apply the principle according to
which it is the duty of the applicant to substantiate the applica-
tion for international protection and where aspects of the appli-
cant's statements are not supported by documentary or other
evidence, those aspects shall not need confirmation, when the
following conditions are met:
(a) the applicant has made a genuine effort to substantiate his
application;
(b) all relevant elements, at the applicant's disposal, have been
submitted, and a satisfactory explanation regarding any lack
of other relevant elements has been given;
(c) the applicant's statements are found to be coherent and
plausible and do not run counter to available specific and
general information relevant to the applicant's case;
(d) the applicant has applied for international protection at the
earliest possible time, unless the applicant can demonstrate
good reason for not having done so; and
(e) the general credibility of the applicant has been established.
Article 5
International protection needs arising sur place
1. A well-founded fear of being persecuted or a real risk of
suffering serious harm may be based on events which have
taken place since the applicant left the country of origin.
2. A well-founded fear of being persecuted or a real risk of
suffering serious harm may be based on activities which have
been engaged in by the applicant since he left the country of
origin, in particular where it is established that the activities
relied upon constitute the expression and continuation of
convictions or orientations held in the country of origin.
3. Without prejudice to the Geneva Convention, Member
States may determine that an applicant who files a subsequent
application shall normally not be granted refugee status, if the
risk of persecution is based on circumstances which the appli-
cant has created by his own decision since leaving the country
of origin.
Article 6
Actors of persecution or serious harm
Actors of persecution or serious harm include:
(a) the State;
(b) parties or organisations controlling the State or a substan-
tial part of the territory of the State;
(c) non-State actors, if it can be demonstrated that the actors
mentioned in (a) and (b), including international organisa-
tions, are unable or unwilling to provide protection against
persecution or serious harm as defined in Article 7.
Article 7
Actors of protection
1. Protection can be provided by:
(a) the State; or
(b) parties or organisations, including international organisa-
tions, controlling the State or a substantial part of
the territory of the State.
2. Protection is generally provided when the actors
mentioned in paragraph 1 take reasonable steps to prevent the
persecution or suffering of serious harm, inter alia, by operating
an effective legal system for the detection, prosecution and
punishment of acts constituting persecution or serious harm,
and the applicant has access to such protection.
3. When assessing whether an international organisation
controls a State or a substantial part of its territory and
provides protection as described in paragraph 2, Member States
shall take into account any guidance which may be provided in
relevant Council acts.
Article 8
Internal protection
1. As part of the assessment of the application for interna-
tional protection, Member States may determine that an appli-
cant is not in need of international protection if in a part of the
country of origin there is no well-founded fear of being perse-
cuted or no real risk of suffering serious harm and the appli-
cant can reasonably be expected to stay in that part of the
country.
2. In examining whether a part of the country of origin is in
accordance with paragraph 1, Member States shall at the time
of taking the decision on the application have regard to the
general circumstances prevailing in that part of the country
and to the personal circumstances of the applicant.
3. Paragraph 1 may apply notwithstanding technical obsta-
cles to return to the country of origin.
CHAPTER III
QUALIFICATION FOR BEING A REFUGEE
Article 9
Acts of persecution
1. Acts of persecution within the meaning of article 1 A of
the Geneva Convention must:
(a) be sufficiently serious by their nature or repetition as to
constitute a severe violation of basic human rights, in par-
ticular the rights from which derogation cannot be made
under Article 15(2) of the European Convention for the
Protection of Human Rights and Fundamental Freedoms; or
30.9.2004L 304/16 Official Journal of the European UnionEN
(b) be an accumulation of various measures, including viola-
tions of human rights which is sufficiently severe as to
affect an individual in a similar manner as mentioned in (a).
2. Acts of persecution as qualified in paragraph 1, can, inter
alia, take the form of:
(a) acts of physical or mental violence, including acts of sexual
violence;
(b) legal, administrative, police, and/or judicial measures which
are in themselves discriminatory or which are implemented
in a discriminatory manner;
(c) prosecution or punishment, which is disproportionate or
discriminatory;
(d) denial of judicial redress resulting in a disproportionate or
discriminatory punishment;
(e) prosecution or punishment for refusal to perform military
service in a conflict, where performing military service
would include crimes or acts falling under the exclusion
clauses as set out in Article 12(2);
(f) acts of a gender-specific or child-specific nature.
3. In accordance with Article 2(c), there must be a connec-
tion between the reasons mentioned in Article 10 and the acts
of persecution as qualified in paragraph 1.
Article 10
Reasons for persecution
1. Member States shall take the following elements into
account when assessing the reasons for persecution:
(a) the concept of race shall in particular include considera-
tions of colour, descent, or membership of a particular
ethnic group;
(b) the concept of religion shall in particular include the
holding of theistic, non-theistic and atheistic beliefs, the
participation in, or abstention from, formal worship in
private or in public, either alone or in community with
others, other religious acts or expressions of view, or forms
of personal or communal conduct based on or mandated
by any religious belief;
(c) the concept of nationality shall not be confined to citizen-
ship or lack thereof but shall in particular include member-
ship of a group determined by its cultural, ethnic, or
linguistic identity, common geographical or political origins
or its relationship with the population of another State;
(d) a group shall be considered to form a particular social
group where in particular:
-- members of that group share an innate characteristic,
or a common background that cannot be changed, or
share a characteristic or belief that is so fundamental to
identity or conscience that a person should not be
forced to renounce it, and
-- that group has a distinct identity in the relevant
country, because it is perceived as being different by the
surrounding society;
depending on the circumstances in the country of origin, a
particular social group might include a group based on a
common characteristic of sexual orientation. Sexual orien-
tation cannot be understood to include acts considered to
be criminal in accordance with national law of the Member
States: Gender related aspects might be considered, without
by themselves alone creating a presumption for the applic-
ability of this Article;
(e) the concept of political opinion shall in particular include
the holding of an opinion, thought or belief on a matter
related to the potential actors of persecution mentioned in
Article 6 and to their policies or methods, whether or not
that opinion, thought or belief has been acted upon by the
applicant.
2. When assessing if an applicant has a well-founded fear of
being persecuted it is immaterial whether the applicant actually
possesses the racial, religious, national, social or political char-
acteristic which attracts the persecution, provided that such a
characteristic is attributed to the applicant by the actor of
persecution.
Article 11
Cessation
1. A third country national or a stateless person shall cease
to be a refugee, if he or she:
(a) has voluntarily re-availed himself or herself of the protec-
tion of the country of nationality; or
(b) having lost his or her nationality, has voluntarily re-
acquired it; or
(c) has acquired a new nationality, and enjoys the protection
of the country of his or her new nationality; or
(d) has voluntarily re-established himself or herself in the
country which he or she left or outside which he or she
remained owing to fear of persecution; or
(e) can no longer, because the circumstances in connection
with which he or she has been recognised as a refugee have
ceased to exist, continue to refuse to avail himself or herself
of the protection of the country of nationality;
(f) being a stateless person with no nationality, he or she is
able, because the circumstances in connection with which
he or she has been recognised as a refugee have ceased to
exist, to return to the country of former habitual residence.
2. In considering points (e) and (f) of paragraph 1, Member
States shall have regard to whether the change of circumstances
is of such a significant and non-temporary nature that the refu-
gee's fear of persecution can no longer be regarded as well-
founded.
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Article 12
Exclusion
1. A third country national or a stateless person is excluded
from being a refugee, if:
(a) he or she falls within the scope of Article 1 D of the
Geneva Convention, relating to protection or assistance
from organs or agencies of the United Nations other than
the United Nations High Commissioner for Refugees. When
such protection or assistance has ceased for any reason,
without the position of such persons being definitely settled
in accordance with the relevant resolutions adopted by the
General Assembly of the United Nations, these persons
shall ipso facto be entitled to the benefits of this Directive;
(b) he or she is recognised by the competent authorities of the
country in which he or she has taken residence as having
the rights and obligations which are attached to the posses-
sion of the nationality of that country; or rights and obliga-
tions equivalent to those.
2. A third country national or a stateless person is excluded
from being a refugee where there are serious reasons for
considering that:
(a) he or she has committed a crime against peace, a war
crime, or a crime against humanity, as defined in the inter-
national instruments drawn up to make provision in
respect of such crimes;
(b) he or she has committed a serious non-political crime
outside the country of refuge prior to his or her admission
as a refugee; which means the time of issuing a residence
permit based on the granting of refugee status; particularly
cruel actions, even if committed with an allegedly political
objective, may be classified as serious non-political crimes;
(c) he or she has been guilty of acts contrary to the purposes
and principles of the United Nations as set out in the
Preamble and Articles 1 and 2 of the Charter of the United
Nations.
3. Paragraph 2 applies to persons who instigate or otherwise
participate in the commission of the crimes or acts mentioned
therein.
CHAPTER IV
REFUGEE STATUS
Article 13
Granting of refugee status
Member States shall grant refugee status to a third country
national or a stateless person, who qualifies as a refugee in
accordance with Chapters II and III.
Article 14
Revocation of, ending of or refusal to renew refugee
status
1. Concerning applications for international protection filed
after the entry into force of this Directive, Member States shall
revoke, end or refuse to renew the refugee status of a third
country national or a stateless person granted by a govern-
mental, administrative, judicial or quasi-judicial body, if he or
she has ceased to be a refugee in accordance with Article 11.
2. Without prejudice to the duty of the refugee in accord-
ance with Article 4(1) to disclose all relevant facts and provide
all relevant documentation at his/her disposal, the Member
State, which has granted refugee status, shall on an individual
basis demonstrate that the person concerned has ceased to be
or has never been a refugee in accordance with paragraph 1 of
this Article.
3. Member States shall revoke, end or refuse to renew the
refugee status of a third country national or a stateless person,
if, after he or she has been granted refugee status, it is estab-
lished by the Member State concerned that:
(a) he or she should have been or is excluded from being a
refugee in accordance with Article 12;
(b) his or her misrepresentation or omission of facts, including
the use of false documents, were decisive for the granting
of refugee status.
4. Member States may revoke, end or refuse to renew the
status granted to a refugee by a governmental, administrative,
judicial or quasi-judicial body, when:
(a) there are reasonable grounds for regarding him or her as a
danger to the security of the Member State in which he or
she is present;
(b) he or she, having been convicted by a final judgement of a
particularly serious crime, constitutes a danger to the com-
munity of that Member State.
5. In situations described in paragraph 4, Member States
may decide not to grant status to a refugee, where such a deci-
sion has not yet been taken.
6. Persons to whom paragraphs 4 or 5 apply are entitled to
rights set out in or similar to those set out in Articles 3, 4, 16,
22, 31 and 32 and 33 of the Geneva Convention in so far as
they are present in the Member State.
30.9.2004L 304/18 Official Journal of the European UnionEN
CHAPTER V
QUALIFICATION FOR SUBSIDIARY PROTECTION
Article 15
Serious harm
Serious harm consists of:
(a) death penalty or execution; or
(b) torture or inhuman or degrading treatment or punishment
of an applicant in the country of origin; or
(c) serious and individual threat to a civilian's life or person by
reason of indiscriminate violence in situations of interna-
tional or internal armed conflict.
Article 16
Cessation
1. A third country national or a stateless person shall cease
to be eligible for subsidiary protection when the circumstances
which led to the granting of subsidiary protection status have
ceased to exist or have changed to such a degree that protec-
tion is no longer required.
2. In applying paragraph 1, Member States shall have regard
to whether the change of circumstances is of such a significant
and non-temporary nature that the person eligible for
subsidiary protection no longer faces a real risk of serious
harm.
Article 17
Exclusion
1. A third country national or a stateless person is excluded
from being eligible for subsidiary protection where there are
serious reasons for considering that:
(a) he or she has committed a crime against peace, a war
crime, or a crime against humanity, as defined in the inter-
national instruments drawn up to make provision in
respect of such crimes;
(b) he or she has committed a serious crime;
(c) he or she has been guilty of acts contrary to the purposes
and principles of the United Nations as set out in the
Preamble and Articles 1 and 2 of the Charter of the United
Nations;
(d) he or she constitutes a danger to the community or to the
security of the Member State in which he or she is present.
2. Paragraph 1 applies to persons who instigate or otherwise
participate in the commission of the crimes or acts mentioned
therein.
3. Member States may exclude a third country national or a
stateless person from being eligible for subsidiary protection, if
he or she prior to his or her admission to the Member State
has committed one or more crimes, outside the scope of para-
graph 1, which would be punishable by imprisonment, had
they been committed in the Member State concerned, and if he
or she left his or her country of origin solely in order to avoid
sanctions resulting from these crimes.
CHAPTER VI
SUBSIDIARY PROTECTION STATUS
Article 18
Granting of subsidiary protection status
Member States shall grant subsidiary protection status to a
third country national or a stateless person eligible for
subsidiary protection in accordance with Chapters II and V.
Article 19
Revocation of, ending of or refusal to renew subsidiary
protection status
1. Concerning applications for international protection filed
after the entry into force of this Directive, Member States shall
revoke, end or refuse to renew the subsidiary protection status
of a third country national or a stateless person granted by a
governmental, administrative, judicial or quasi-judicial body, if
he or she has ceased to be eligible for subsidiary protection in
accordance with Article 16.
2. Member States may revoke, end or refuse to renew the
subsidiary protection status of a third country national or a
stateless person granted by a governmental, administrative,
judicial or quasi-judicial body, if after having been granted
subsidiary protection status, he or she should have been
excluded from being eligible for subsidiary protection in
accordance with Article 17(3).
3. Member States shall revoke, end or refuse to renew the
subsidiary protection status of a third country national or a
stateless person, if:
(a) he or she, after having been granted subsidiary protection
status, should have been or is excluded from being eligible
for subsidiary protection in accordance with Article 17(1)
and (2);
(b) his or her misrepresentation or omission of facts, including
the use of false documents, were decisive for the granting
of subsidiary protection status.
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4. Without prejudice to the duty of the third country
national or stateless person in accordance with Article 4(1) to
disclose all relevant facts and provide all relevant documenta-
tion at his/her disposal, the Member State, which has granted
the subsidiary protection status, shall on an individual basis
demonstrate that the person concerned has ceased to be or is
not eligible for subsidiary protection in accordance with para-
graphs 1, 2 and 3 of this Article.
CHAPTER VII
CONTENT OF INTERNATIONAL PROTECTION
Article 20
General rules
1. This Chapter shall be without prejudice to the rights laid
down in the Geneva Convention.
2. This Chapter shall apply both to refugees and persons
eligible for subsidiary protection unless otherwise indicated.
3. When implementing this Chapter, Member States shall
take into account the specific situation of vulnerable persons
such as minors, unaccompanied minors, disabled people,
elderly people, pregnant women, single parents with minor
children and persons who have been subjected to torture, rape
or other serious forms of psychological, physical or sexual
violence.
4. Paragraph 3 shall apply only to persons found to have
special needs after an individual evaluation of their situation.
5. The best interest of the child shall be a primary considera-
tion for Member States when implementing the provisions of
this Chapter that involve minors.
6. Within the limits set out by the Geneva Convention,
Member States may reduce the benefits of this Chapter, granted
to a refugee whose refugee status has been obtained on the
basis of activities engaged in for the sole or main purpose of
creating the necessary conditions for being recognised as a
refugee.
7. Within the limits set out by international obligations of
Member States, Member States may reduce the benefits of this
Chapter, granted to a person eligible for subsidiary protection,
whose subsidiary protection status has been obtained on the
basis of activities engaged in for the sole or main purpose of
creating the necessary conditions for being recognised as a
person eligible for subsidiary protection.
Article 21
Protection from refoulement
1. Member States shall respect the principle of non-refoule-
ment in accordance with their international obligations.
2. Where not prohibited by the international obligations
mentioned in paragraph 1, Member States may refoule a
refugee, whether formally recognised or not, when:
(a) there are reasonable grounds for considering him or her as
a danger to the security of the Member State in which he
or she is present; or
(b) he or she, having been convicted by a final judgement of a
particularly serious crime, constitutes a danger to the com-
munity of that Member State.
3. Member States may revoke, end or refuse to renew or to
grant the residence permit of (or to) a refugee to whom para-
graph 2 applies.
Article 22
Information
Member States shall provide persons recognised as being in
need of international protection, as soon as possible after the
respective protection status has been granted, with access to
information, in a language likely to be understood by them, on
the rights and obligations relating to that status.
Article 23
Maintaining family unity
1. Member States shall ensure that family unity can be main-
tained.
2. Member States shall ensure that family members of the
beneficiary of refugee or subsidiary protection status, who do
not individually qualify for such status, are entitled to claim the
benefits referred to in Articles 24 to 34, in accordance with
national procedures and as far as it is compatible with the
personal legal status of the family member.
In so far as the family members of beneficiaries of subsidiary
protection status are concerned, Member States may define the
conditions applicable to such benefits.
In these cases, Member States shall ensure that any benefits
provided guarantee an adequate standard of living.
3. Paragraphs 1 and 2 are not applicable where the family
member is or would be excluded from refugee or subsidiary
protection status pursuant to Chapters III and V.
4. Notwithstanding paragraphs 1 and 2, Member States may
refuse, reduce or withdraw the benefits referred therein for
reasons of national security or public order.
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5. Member States may decide that this Article also applies to
other close relatives who lived together as part of the family at
the time of leaving the country of origin, and who were wholly
or mainly dependent on the beneficiary of refugee or subsidiary
protection status at that time.
Article 24
Residence permits
1. As soon as possible after their status has been granted,
Member States shall issue to beneficiaries of refugee status a
residence permit which must be valid for at least three years
and renewable unless compelling reasons of national security
or public order otherwise require, and without prejudice to
Article 21(3).
Without prejudice to Article 23(1), the residence permit to be
issued to the family members of the beneficiaries of refugee
status may be valid for less than three years and renewable.
2. As soon as possible after the status has been granted,
Member States shall issue to beneficiaries of subsidiary protec-
tion status a residence permit which must be valid for at least
one year and renewable, unless compelling reasons of national
security or public order otherwise require.
Article 25
Travel document
1. Member States shall issue to beneficiaries of refugee
status travel documents in the form set out in the Schedule to
the Geneva Convention, for the purpose of travel outside
their territory unless compelling reasons of national security or
public order otherwise require.
2. Member States shall issue to beneficiaries of subsidiary
protection status who are unable to obtain a national passport,
documents which enable them to travel, at least when serious
humanitarian reasons arise that require their presence in
another State, unless compelling reasons of national security or
public order otherwise require.
Article 26
Access to employment
1. Member States shall authorise beneficiaries of refugee
status to engage in employed or self-employed activities subject
to rules generally applicable to the profession and to the public
service, immediately after the refugee status has been granted.
2. Member States shall ensure that activities such as employ-
ment-related education opportunities for adults, vocational
training and practical workplace experience are offered to bene-
ficiaries of refugee status, under equivalent conditions as
nationals.
3. Member States shall authorise beneficiaries of subsidiary
protection status to engage in employed or self-employed activ-
ities subject to rules generally applicable to the profession and
to the public service immediately after the subsidiary protection
status has been granted. The situation of the labour market in
the Member States may be taken into account, including for
possible prioritisation of access to employment for a limited
period of time to be determined in accordance with national
law. Member States shall ensure that the beneficiary of
subsidiary protection status has access to a post for which the
beneficiary has received an offer in accordance with national
rules on prioritisation in the labour market.
4. Member States shall ensure that beneficiaries of subsidiary
protection status have access to activities such as employment-
related education opportunities for adults, vocational training
and practical workplace experience, under conditions to be
decided by the Member States.
5. The law in force in the Member States applicable to
remuneration, access to social security systems relating to
employed or self-employed activities and other conditions of
employment shall apply.
Article 27
Access to education
1. Member States shall grant full access to the education
system to all minors granted refugee or subsidiary protection
status, under the same conditions as nationals.
2. Member States shall allow adults granted refugee or
subsidiary protection status access to the general education
system, further training or retraining, under the same condi-
tions as third country nationals legally resident.
3. Member States shall ensure equal treatment between
beneficiaries of refugee or subsidiary protection status and
nationals in the context of the existing recognition procedures
for foreign diplomas, certificates and other evidence of formal
qualifications.
Article 28
Social welfare
1. Member States shall ensure that beneficiaries of refugee
or subsidiary protection status receive, in the Member State
that has granted such statuses, the necessary social assistance,
as provided to nationals of that Member State.
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2. By exception to the general rule laid down in paragraph 1,
Member States may limit social assistance granted to benefici-
aries of subsidiary protection status to core benefits which will
then be provided at the same levels and under the same elig-
ibility conditions as nationals.
Article 29
Health care
1. Member States shall ensure that beneficiaries of refugee
or subsidiary protection status have access to health care under
the same eligibility conditions as nationals of the Member State
that has granted such statuses.
2. By exception to the general rule laid down in paragraph 1,
Member States may limit health care granted to beneficiaries of
subsidiary protection to core benefits which will then be
provided at the same levels and under the same eligibility
conditions as nationals.
3. Member States shall provide, under the same eligibility
conditions as nationals of the Member State that has granted
the status, adequate health care to beneficiaries of refugee or
subsidiary protection status who have special needs, such as
pregnant women, disabled people, persons who have under-
gone torture, rape or other serious forms of psychological,
physical or sexual violence or minors who have been victims of
any form of abuse, neglect, exploitation, torture, cruel,
inhuman and degrading treatment or who have suffered from
armed conflict.
Article 30
Unaccompanied minors
1. As soon as possible after the granting of refugee or
subsidiary protection status Member States shall take the neces-
sary measures, to ensure the representation of unaccompanied
minors by legal guardianship or, where necessary, by an orga-
nisation responsible for the care and well-being of minors, or
by any other appropriate representation including that based
on legislation or Court order.
2. Member States shall ensure that the minor's needs are
duly met in the implementation of this Directive by the
appointed guardian or representative. The appropriate authori-
ties shall make regular assessments.
3. Member States shall ensure that unaccompanied minors
are placed either:
(a) with adult relatives; or
(b) with a foster family; or
(c) in centres specialised in accommodation for minors; or
(d) in other accommodation suitable for minors.
In In this context, the views of the child shall be taken into
account in accordance with his or her age and degree of
maturity.
4. As far as possible, siblings shall be kept together, taking
into account the best interests of the minor concerned and, in
particular, his or her age and degree of maturity. Changes of
residence of unaccompanied minors shall be limited to a
minimum.
5. Member States, protecting the unaccompanied minor's
best interests, shall endeavour to trace the members of the
minor's family as soon as possible. In cases where there may be
a threat to the life or integrity of the minor or his or her close
relatives, particularly if they have remained in the country of
origin, care must be taken to ensure that the collection, proces-
sing and circulation of information concerning those persons is
undertaken on a confidential basis.
6. Those working with unaccompanied minors shall have
had or receive appropriate training concerning their needs.
Article 31
Access to accommodation
The Member States shall ensure that beneficiaries of refugee or
subsidiary protection status have access to accommodation
under equivalent conditions as other third country nationals
legally resident in their territories.
Article 32
Freedom of movement within the Member State
Member States shall allow freedom of movement within
their territory to beneficiaries of refugee or subsidiary protec-
tion status, under the same conditions and restrictions as those
provided for other third country nationals legally resident in
their territories.
Article 33
Access to integration facilities
1. In order to facilitate the integration of refugees into
society, Member States shall make provision for integration
programmes which they consider to be appropriate or create
pre-conditions which guarantee access to such programmes.
2. Where it is considered appropriate by Member States,
beneficiaries of subsidiary protection status shall be granted
access to integration programmes.
Article 34
Repatriation
Member States may provide assistance to beneficiaries of
refugee or subsidiary protection status who wish to repatriate.
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CHAPTER VIII
ADMINISTRATIVE COOPERATION
Article 35
Cooperation
Member States shall each appoint a national contact point,
whose address they shall communicate to the Commission,
which shall communicate it to the other Member States.
Member States shall, in liaison with the Commission, take all
appropriate measures to establish direct cooperation and an
exchange of information between the competent authorities.
Article 36
Staff
Member States shall ensure that authorities and other organisa-
tions implementing this Directive have received the necessary
training and shall be bound by the confidentiality principle, as
defined in the national law, in relation to any information they
obtain in the course of their work.
CHAPTER IX
FINAL PROVISIONS
Article 37
Reports
1. By 10 April 2008, the Commission shall report to the
European Parliament and the Council on the application of this
Directive and shall propose any amendments that are necessary.
These proposals for amendments shall be made by way of
priority in relation to Articles 15, 26 and 33. Member States
shall send the Commission all the information that is appro-
priate for drawing up that report by 10 October 2007.
2. After presenting the report, the Commission shall report
to the European Parliament and the Council on the application
of this Directive at least every five years.
Article 38
Transposition
1. The Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before 10 October 2006. They shall forthwith
inform the Commission thereof.
When the Member States adopt those measures, they shall
contain a reference to this Directive or shall be accompanied
by such a reference on the occasion of their official
publication. The methods of making such reference shall be
laid down by Member States.
2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field covered by this Directive.
Article 39
Entry into force
This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.
Article 40
Addressees
This Directive is addressed to the Member States in accordance
with the Treaty establishing the European Community.
Done at Luxembourg, 29 April 2004.
For the Council
The President
M. McDOWELL
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