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Serious harm
Serious harm as referred to in Article 3(6) consists of: (a) the death penalty or execution; (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.
Cessation
1. A beneficiary of subsidiary protection status shall cease to be eligible for subsidiary protection when the circumstances which led to the granting of that status have ceased to exist or have changed to such a degree that protection is no longer required. 2. In order to assess whether the circumstances which led to the granting of subsidiary protection status have ceased to exist or have changed to such a degree that protection is no longer required, the determining authority shall: (a) take into account precise and up-to-date information obtained from relevant and available national, Union and international sources and, where available, the common analysis on the situation in specific countries of origin and the guidance notes referred to in Article 11 of Regulation (EU) 2021/2303; (b) have regard to whether the change in circumstances is of such a significant and non-temporary nature that the beneficiary of subsidiary protection status no longer faces a real risk of serious harm. 3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invoke compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Exclusion
1. A third-country national or a stateless person shall be excluded from being eligible for subsidiary protection where there are serious reasons for considering that that third-country national or stateless person: (a) has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) has committed a serious crime prior to arriving on the territory of the Member State or has been convicted for a serious crime after arrival; (c) has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble to and Articles 1 and 2 of the Charter of the United Nations; (d) constitutes a danger to the community or to national security. 2. Paragraph 1 shall apply to persons who incite or otherwise participate in the commission of the crimes or acts referred to therein. 3. A third-country national or a stateless person may be excluded from being eligible for subsidiary protection where that third-country national or stateless person, prior to being admitted to the Member State concerned, has committed one or more crimes outside the scope of points (a), (b) and (c) of paragraph 1 which would be punishable by imprisonment had they been committed in the Member State concerned, and if that third-country national or stateless person left the country of origin solely in order to avoid sanctions resulting from those crimes. 4. Once the determining authority has established, based on an assessment of the seriousness of the crimes or acts committed by the person concerned and of that person’s individual responsibility, taking into account all the circumstances surrounding those crimes or acts and the situation of that person, that one or more of the relevant exclusion grounds laid down in paragraph 1 or 2 apply, the determining authority shall exclude the applicant from subsidiary protection status without performing a proportionality assessment linked to the fear of serious harm. 5. As part of the assessment referred to in paragraph 4, when carrying out an examination under paragraphs 1 in relation to a minor, the determining authority shall take into account, inter alia, the minor’s capacity to be considered responsible under criminal law had the minor committed the crime on the territory of the Member State examining the application for international protection in accordance with national law on the age of criminal responsibility or, where applicable, a conviction for a serious crime after the minor’s arrival.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.