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 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.
Correlation Table
| Directive 2011/95/EU | This Regulation |
| Article 17(1), points (a), (b), (c) and (d) | Article 17(1), points (a), (b), (c) and (d) |
| Article 17(2) | Article 17(2) |
| Article 17(3) | Article 17(3) |
| — | Article 17(4) and (5) |