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20.12.2011 Official
Journal
of
the
European
Union
L
337/9
DIRECTIVES
DIRECTIVE 2011/95/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
on standards for the qualification of third-country nationals or stateless persons as beneficiaries of
international protection, for a uniform status for refugees or for persons eligible for subsidiary
protection, and for the content of the protection granted
(recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Refugees (‘the Geneva Convention’), as supplemented by
EUROPEAN UNION,
the New York Protocol of 31 January 1967 (‘the
Protocol’), thus affirming the principle of non-refoulement
and ensuring that nobody is sent back to persecution.
Having regard to the Treaty on the Functioning of the European
Union, and in particular points (a) and (b) of Article 78(2)
thereof,
(4) The
Geneva
Convention
and
the
Protocol
provide
the
cornerstone of the international legal regime for the
Having regard to the proposal from the European Commission,
protection of refugees.
Having regard to the opinion of the European Economic and
Social Committee (
(5) The
Tampere
conclusions
provide
that
a
Common

1 ),
European Asylum System should include, in the short
term, the approximation of rules on the recognition of
refugees and the content of refugee status.
Acting in accordance with the ordinary legislative procedure ( 2 ),
Whereas:
(6) The
Tampere
conclusions
also
provide
that
rules
regarding refugee status should be complemented by
measures on subsidiary forms of protection, offering an
(1) A
number
of
substantive
changes
are
to
be
made
to
appropriate status to any person in need of such
Council Directive 2004/83/EC of 29 April 2004 on
protection.
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 ( 3 ).
(7) The
first
phase
in
the
creation
of
a
Common
European
In the interests of clarity, that Directive should be recast.
Asylum System has now been achieved. The European
Council of 4 November 2004 adopted the Hague
Programme, which sets the objectives to be implemented
(2) A
common
policy
on
asylum,
including
a
Common
in the area of freedom, security and justice in the period
European Asylum System, is a constituent part of the
2005-2010. In this respect, the Hague Programme
European Union’s objective of progressively establishing
invited the European Commission to conclude the
an area of freedom, security and justice open to those
evaluation of the first-phase legal instruments and to
who, forced by circumstances, legitimately seek
submit the second-phase instruments and measures to
protection in the Union.
the European Parliament and the Council, with a view
to their adoption before the end of 2010.
(3) 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
(8) In
the
European
Pact
on
Immigration
and
Asylum,
on the full and inclusive application of the Geneva
adopted on 15 and 16 October 2008, the European
Convention of 28 July 1951 relating to the Status of
Council noted that considerable disparities remain
between one Member State and another concerning the
grant of protection and the forms that protection takes
( 1 ) OJ C 18, 19.1.2011, p. 80.
and called for new initiatives to complete the estab
( 2 ) Position of the European Parliament of 27 October 2011 (not yet
lishment of a Common European Asylum System,
published in the Official Journal) and decision of the Council of
24 November 2011.
provided for in the Hague Programme, and thus to
( 3 ) OJ L 304, 30.9.2004, p. 12.
offer a higher degree of protection.

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L 337/10
EN
Official Journal of the European Union
20.12.2011
(9) In
the
Stockholm
Programme,
the
European
Council (16) This Directive respects the fundamental rights and
reiterated its commitment to the objective of establishing
observes the principles recognised in particular by the
a common area of protection and solidarity, based on a
Charter of Fundamental Rights of the European Union.
common asylum procedure and a uniform status, in
In particular this Directive seeks to ensure full respect for
accordance with Article 78 of the Treaty on the Func
human dignity and the right to asylum of applicants for
tioning of the European Union (TFEU), for those granted
asylum and their accompanying family members and to
international protection, by 2012 at the latest.
promote the application of Articles 1, 7, 11, 14, 15, 16,
18, 21, 24, 34 and 35 of that Charter, and should
therefore be implemented accordingly.
(10) In the light of the results of the evaluations undertaken, it
is appropriate, at this stage, to confirm the principles
underlying Directive 2004/83/EC as well as to seek to
(17) With
respect
to
the
treatment
of
persons
falling
within
achieve a higher level of approximation of the rules on
the scope of this Directive, Member States are bound by
the recognition and content of international protection
obligations under instruments of international law to
on the basis of higher standards.
which they are party, including in particular those that
prohibit discrimination.
(11) The
resources
of
the
European
Refugee
Fund
and
of
the
European Asylum Support Office should be mobilised to
(18) The
‘best
interests
of
the
child’
should
be
a
primary
provide adequate support to Member States’ efforts in
consideration of Member States when implementing
implementing the standards set in the second phase of
this Directive, in line with the 1989 United Nations
the Common European Asylum System, in particular to
Convention on the Rights of the Child. In assessing the
those Member States which are faced with specific and
best interests of the child, Member States should in
disproportionate pressure on their asylum systems, due
particular take due account of the principle of family
in particular to their geographical or demographic
unity, the minor’s well-being and social development,
situation.
safety and security considerations and the views of the
minor in accordance with his or her age and maturity.
(12) The
main
objective
of
this
Directive
is,
on
the
one
hand,
to ensure that Member States apply common criteria for
(19) It is necessary to broaden the notion of family members,
the identification of persons genuinely in need of inter
taking into account the different particular circumstances
national protection, and, on the other hand, to ensure
of dependency and the special attention to be paid to the
that a minimum level of benefits is available for those
best interests of the child.
persons in all Member States.
(20) This Directive is without prejudice to the Protocol on
(13) The
approximation of rules on the recognition and
asylum for nationals of Member States of the European
content of refugee and subsidiary protection status
Union as annexed to the Treaty on European Union
should help to limit the secondary movement of
(TEU) and the TFEU.
applicants for international protection between Member
States, where such movement is purely caused by
differences in legal frameworks.
(21) The
recognition
of
refugee
status
is
a
declaratory
act.
(14) Member
States
should
have
the
power
to
introduce
or
maintain more favourable provisions than the standards
(22) Consultations
with
the
United
Nations
High
Commis
laid down in this Directive for third-country nationals or
sioner for Refugees may provide valuable guidance for
stateless persons who request international protection
Member States when determining refugee status
from a Member State, where such a request is understood
according to Article 1 of the Geneva Convention.
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 eligible for subsidiary
protection.
(23) Standards
for
the
definition
and
content
of
refugee
status
should be laid down to guide the competent national
bodies of Member States in the application of the
Geneva Convention.
(15) 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
(24) It
is
necessary
to
introduce
common
criteria
for
recog
or humanitarian grounds fall outside the scope of this
nising applicants for asylum as refugees within the
Directive.
meaning of Article 1 of the Geneva Convention.

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EN
20.12.2011 Official
Journal
of
the
European
Union L
337/11
(25) In particular,
it is necessary to introduce common
of the United Nations’ and that ‘knowingly financing,
concepts of protection needs arising sur place, sources
planning and inciting terrorist acts are also contrary to
of harm and protection, internal protection and perse
the purposes and principles of the United Nations’.
cution, including the reasons for persecution.
(32) As
referred
to
in
Article
14,
‘status’
can
also
include
(26) Protection
can
be
provided,
where
they
are
willing
and
refugee status.
able to offer protection, either by the State or by parties
or organisations, including international organisations,
meeting the conditions set out in this Directive, which
(33) Standards
for
the
definition
and
content
of
subsidiary
control a region or a larger area within the territory of
protection status should also be laid down. Subsidiary
the State. Such protection should be effective and of a
protection should be complementary and additional to
non-temporary nature.
the refugee protection enshrined in the Geneva
Convention.
(27) Internal
protection
against
persecution
or
serious
harm
(34) It
is
necessary
to
introduce
common
criteria
on
the
basis
should be effectively available to the applicant in a part
of which applicants for international protection are to be
of the country of origin where he or she can safely and
recognised as eligible for subsidiary protection. Those
legally travel to, gain admittance to and can reasonably
criteria should be drawn from international obligations
be expected to settle. Where the State or agents of the
under human rights instruments and practices existing in
State are the actors of persecution or serious harm, there
Member States.
should be a presumption that effective protection is not
available to the applicant. When the applicant is an
unaccompanied minor, the availability of appropriate
care and custodial arrangements, which are in the best
(35) Risks to which a population of a country or a section of
interest of the unaccompanied minor, should form part
the population is generally exposed do normally not
of the assessment as to whether that protection is
create in themselves an individual threat which would
effectively available.
qualify as serious harm.
(36) Family members, merely due to their relation to the
(28) It
is
necessary,
when
assessing
applications
from
minors
refugee, will normally be vulnerable to acts of perse
for international protection, that Member States should
cution in such a manner that could be the basis for
have regard to child-specific forms of persecution.
refugee status.
(29) One of the conditions for qualification for refugee status
(37) The
notion
of
national
security
and
public
order
also
within the meaning of Article 1(A) of the Geneva
covers cases in which a third-country national belongs
Convention is the existence of a causal link between
to an association which supports international terrorism
the reasons for persecution, namely race, religion,
or supports such an association.
nationality, political opinion or membership of a
particular social group, and the acts of persecution or
the absence of protection against such acts.
(38) When
deciding
on
entitlements
to
the
benefits
included
in this Directive, Member States should take due account
of the best interests of the child, as well as of the
particular circumstances of the dependency on the bene
(30) It
is
equally
necessary
to
introduce
a
common
concept
of
ficiary of international protection of close relatives who
the persecution ground ‘membership of a particular
are already present in the Member State and who are not
social group’. For the purposes of defining a particular
family members of that beneficiary. In exceptional
social group, issues arising from an applicant’s gender,
circumstances, where the close relative of the beneficiary
including gender identity and sexual orientation, which
of international protection is a married minor but not
may be related to certain legal traditions and customs,
accompanied by his or her spouse, the best interests of
resulting in for example genital mutilation, forced sterili
the minor may be seen to lie with his or her original
sation or forced abortion, should be given due
family.
consideration in so far as they are related to the
applicant’s well-founded fear of persecution.
(39) While responding to the call of the Stockholm
Programme for the establishment of a uniform status
(31) Acts
contrary
to
the
purposes
and
principles
of
the
for refugees or for persons eligible for subsidiary
United Nations are set out in the Preamble and Articles
protection, and with the exception of derogations
1 and 2 of the Charter of the United Nations and are,
which are necessary and objectively justified, beneficiaries
amongst others, embodied in the United Nations
of subsidiary protection status should be granted the
resolutions relating to measures combating terrorism,
same rights and benefits as those enjoyed by refugees
which declare that ‘acts, methods and practices of
under this Directive, and should be subject to the same
terrorism are contrary to the purposes and principles
conditions of eligibility.

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L 337/12
EN
Official Journal of the European Union
20.12.2011
(40) Within
the
limits
set
out
by
international
obligations,
as possible, in the integration programmes provided to
Member States may lay down that the granting of
them including, where appropriate, language training and
benefits with regard to access to employment, social
the provision of information concerning individual rights
welfare, healthcare and access to integration facilities
and obligations relating to their protection status in the
requires the prior issue of a residence permit.
Member State concerned.
(41) In
order
to
enhance
the
effective
exercise
of
the
rights
and benefits laid down in this Directive by beneficiaries
(48) The
implementation
of
this
Directive
should
be
evaluated
of international protection, it is necessary to take into
at regular intervals, taking into consideration in particular
account their specific needs and the particular integration
the evolution of the international obligations of Member
challenges with which they are confronted. Such taking
States regarding non-refoulement, the evolution of the
into account should normally not result in a more
labour markets in the Member States as well as the devel
favourable treatment than that provided to their own
opment of common basic principles for integration.
nationals, without prejudice to the possibility for
Member States to introduce or retain more favourable
standards.
(49) Since
the
objectives
of
this
Directive,
namely
to
establish
standards for the granting of international protection to
third-country nationals and stateless persons by Member
(42) In
that
context,
efforts
should
be
made
in
particular
to
States, for a uniform status for refugees or for persons
address the problems which prevent beneficiaries of
eligible for subsidiary protection, and for the content of
international protection from having effective access to
the protection granted, cannot be sufficiently achieved by
employment-related educational opportunities and voca
the Member States and can therefore, by reason of the
tional training, inter alia, relating to financial constraints.
scale and effects of this Directive, be better achieved at
Union level, the Union may adopt measures, in
accordance with the principle of subsidiarity as set out
(43) This
Directive
does
not
apply
to
financial
benefits
from
in Article 5 of the TEU. In accordance with the principle
the Member States which are granted to promote
of proportionality, as set out in that Article, this Directive
education.
does not go beyond what is necessary in order to achieve
those objectives.
(44) Special
measures
need
to
be
considered
with
a
view
to
effectively addressing the practical difficulties encountered
by beneficiaries of international protection concerning
(50) In
accordance
with
Articles
1,
2
and
Article
4a(1)
of
the
the authentication of their foreign diplomas, certificates
Protocol (No 21) on the position of the United Kingdom
or other evidence of formal qualifications, in particular
and Ireland in respect of the Area of Freedom, Security
due to the lack of documentary evidence and their
and Justice, annexed to the TEU and to the TFEU, and
inability to meet the costs related to the recognition
without prejudice to Article 4 of that Protocol, the
procedures.
United Kingdom and Ireland are not taking part in the
adoption of this Directive and are not bound by it or
subject to its application.
(45) Especially
to
avoid
social
hardship,
it
is
appropriate
to
provide beneficiaries of international protection with
adequate social welfare and means of subsistence,
without discrimination in the context of social assistance.
(51) In accordance with Articles 1 and 2 of the Protocol
With regard to social assistance, the modalities and detail
(No 22) on the position of Denmark, annexed to the
of the provision of core benefits to beneficiaries of
TEU and to the TFEU, Denmark is not taking part in
subsidiary protection status should be determined by
the adoption of this Directive and is not bound by it
national law. The possibility of limiting such assistance
or subject to its application.
to core benefits is to be understood as covering at least
minimum income support, assistance in the case of
illness, or pregnancy, and parental assistance, in so far
as those benefits are granted to nationals under national
(52) The
obligation
to
transpose
this
Directive
into
national
law.
law should be confined to those provisions which
represent a substantive change as compared with
Directive 2004/83/EC. The obligation to transpose the
provisions which are unchanged arises under that
(46) Access
to
healthcare,
including
both
physical
and
mental
Directive.
healthcare, should be ensured to beneficiaries of inter
national protection.
(53) This
Directive
should
be
without
prejudice
to
the
obli
(47) The
specific
needs
and
particularities
of
the
situation
of
gations of the Member States relating to the time limit
beneficiaries of refugee status and of subsidiary
for transposition into national law of Directive
protection status should be taken into account, as far
2004/83/EC set out in Annex I, Part B,

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EN
20.12.2011 Official
Journal
of
the
European
Union L
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HAVE ADOPTED THIS DIRECTIVE:
whom Article 17(1) and (2) does not apply, and is unable,
or, owing to such risk, unwilling to avail himself or herself
of the protection of that country;
CHAPTER I
GENERAL PROVISIONS
(g) ‘subsidiary protection status’ means the recognition by a
Article 1
Member State of a third-country national or a stateless
person as a person eligible for subsidiary protection;
Purpose
The purpose of this Directive is to lay down standards for the
qualification of third-country nationals or stateless persons as
(h) ‘application for international protection’ means a request
beneficiaries of international protection, for a uniform status for
made by a third-country national or a stateless person
refugees or for persons eligible for subsidiary protection, and for
for protection from a Member State, who can be
the content of the protection-granted.
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;
Article 2
Definitions
(i) ‘applicant’ means a third-country national or a stateless
For the purposes of this Directive the following definitions shall
person who has made an application for international
apply:
protection in respect of which a final decision has not
yet been taken;
(a) ‘international protection’ means refugee status and
subsidiary protection status as defined in points (e) and (g);
(j) ‘family members’ means, in so far as the family already
existed in the country of origin, the following members
of the family of the beneficiary of international protection
(b) ‘beneficiary of international protection’ means a person
who are present in the same Member State in relation to
who has been granted refugee status or subsidiary
the application for international protection:
protection status as defined in points (e) and (g);
— the spouse of the beneficiary of international protection
or his or her unmarried partner in a stable relationship,
(c) ‘Geneva Convention’ means the Convention relating to the
where the law or practice of the Member State
Status of Refugees done at Geneva on 28 July 1951, as
concerned treats unmarried couples in a way
amended by the New York Protocol of 31 January 1967;
comparable to married couples under its law relating
to third-country nationals,
(d) ‘refugee’ means a third-country national who, owing to a
well-founded fear of being persecuted for reasons of race,
— the minor children of the couples referred to in the first
religion, nationality, political opinion or membership of a
indent or of the beneficiary of international protection,
particular social group, is outside the country of nationality
on condition that they are unmarried and regardless of
and is unable or, owing to such fear, is unwilling to avail
whether they were born in or out of wedlock or
himself or herself of the protection of that country, or a
adopted as defined under national law,
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,
— the father, mother or another adult responsible for the
unwilling to return to it, and to whom Article 12 does
beneficiary of international protection whether by law
not apply;
or by the practice of the Member State concerned,
when that beneficiary is a minor and unmarried;
(e) ‘refugee status’ means the recognition by a Member State of
a third-country national or a stateless person as a refugee;
(k) ‘minor’ means a third-country national or stateless person
below the age of 18 years;
(f) ‘person eligible for subsidiary protection’ means a third-
country national or a stateless person who does not
(l) ‘unaccompanied
minor’
means
a
minor
who
arrives
on
the
qualify as a refugee but in respect of whom substantial
territory of the Member States unaccompanied by an adult
grounds have been shown for believing that the person
responsible for him or her whether by law or by the
concerned, if returned to his or her country of origin, or
practice of the Member State concerned, and for as long
in the case of a stateless person, to his or her country of
as he or she is not effectively taken into the care of such a
former habitual residence, would face a real risk of
person; it includes a minor who is left unaccompanied after
suffering serious harm as defined in Article 15, and to
he or she has entered the territory of the Member States;

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L 337/14
EN
Official Journal of the European Union
20.12.2011
(m) ‘residence permit’ means any permit or authorisation issued
age, so as to assess whether, on the basis of the applicant’s
by the authorities of a Member State, in the form provided
personal circumstances, the acts to which the applicant has
for under that State’s law, allowing a third-country national
been or could be exposed would amount to persecution or
or stateless person to reside on its territory;
serious harm;
(n) ‘country of origin’ means the country or countries of
(d) whether the applicant’s activities since leaving the country
nationality or, for stateless persons, of former habitual
of origin were engaged in for the sole or main purpose of
residence.
creating the necessary conditions for applying for inter
national protection, so as to assess whether those activities
would expose the applicant to persecution or serious harm
if returned to that country;
Article 3
More favourable standards
Member States may introduce or retain more favourable
(e) whether the applicant could reasonably be expected to avail
standards for determining who qualifies as a refugee or as a
himself or herself of the protection of another country
person eligible for subsidiary protection, and for determining
where he or she could assert citizenship.
the content of international protection, in so far as those
standards are compatible with this Directive.
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
CHAPTER II
well-founded fear of persecution or real risk of suffering serious
ASSESSMENT OF APPLICATIONS FOR INTERNATIONAL
harm, unless there are good reasons to consider that such
PROTECTION
persecution or serious harm will not be repeated.
Article 4
Assessment of facts and circumstances
5. Where
Member
States
apply
the
principle
according
to
which it is the duty of the applicant to substantiate the appli
1. Member States may consider it the duty of the applicant
cation for international protection and where aspects of the
to submit as soon as possible all the elements needed to
applicant’s statements are not supported by documentary or
substantiate the application for international protection. In
other evidence, those aspects shall not need confirmation
cooperation with the applicant, it is the duty of the Member
when the following conditions are met:
State to assess the relevant elements of the application.
(a) the applicant has made a genuine effort to substantiate his
2. The
elements
referred
to
in
paragraph
1
consist
of
the
application;
applicant’s statements and all the documentation at the
applicant’s disposal regarding the applicant’s age, background,
including that of relevant relatives, identity, nationality(ies),
(b) all relevant elements at the applicant’s disposal have been
country(ies) and place(s) of previous residence, previous
submitted, and a satisfactory explanation has been given
asylum applications, travel routes, travel documents and the
regarding any lack of other relevant elements;
reasons for applying for international protection.
(c) the applicant’s statements are found to be coherent and
3. The
assessment
of
an
application
for
international
plausible and do not run counter to available specific and
protection is to be carried out on an individual basis and
general information relevant to the applicant’s case;
includes taking into account:
(d) the applicant has applied for international protection at the
(a) all relevant facts as they relate to the country of origin at
earliest possible time, unless the applicant can demonstrate
the time of taking a decision on the application, including
good reason for not having done so; and
laws and regulations of the country of origin and the
manner in which they are applied;
(e) the general credibility of the applicant has been established.
(b) the relevant statements and documentation presented by the
applicant including information on whether the applicant
Article 5
has been or may be subject to persecution or serious harm;
International protection needs arising sur place
1. A
well-founded
fear
of
being
persecuted
or
a
real
risk
of
(c) the individual position and personal circumstances of the
suffering serious harm may be based on events which have
applicant, including factors such as background, gender and
taken place since the applicant left the country of origin.

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EN
20.12.2011 Official
Journal
of
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European
Union L
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2. A well-founded fear of being persecuted or a real risk of
provides protection as described in paragraph 2, Member States
suffering serious harm may be based on activities which the
shall take into account any guidance which may be provided in
applicant has engaged in since he or she left the country of
relevant Union acts.
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.
Article 8
Internal protection
3. Without
prejudice
to
the
Geneva
Convention,
Member
States may determine that an applicant who files a subsequent
1. As
part
of
the
assessment
of
the
application
for
inter
application shall not normally be granted refugee status if the
national protection, Member States may determine that an
risk of persecution is based on circumstances which the
applicant is not in need of international protection if in a
applicant has created by his or her own decision since leaving
part of the country of origin, he or she:
the country of origin.
(a) has no well-founded fear of being persecuted or is not at
Article 6
real risk of suffering serious harm; or
Actors of persecution or serious harm
Actors of persecution or serious harm include:
(b) has access to protection against persecution or serious harm
as defined in Article 7;
(a) the State;
and he or she can safely and legally travel to and gain
admittance to that part of the country and can reasonably be
(b) parties or organisations controlling the State or a substantial
expected to settle there.
part of the territory of the State;
(c) non-State actors, if it can be demonstrated that the actors
2. In
examining
whether
an
applicant
has
a
well-founded
mentioned in points (a) and (b), including international
fear of being persecuted or is at real risk of suffering serious
organisations, are unable or unwilling to provide protection
harm, or has access to protection against persecution or serious
against persecution or serious harm as defined in Article 7.
harm in a part of the country of origin in accordance with
paragraph 1, Member States shall at the time of taking the
decision on the application have regard to the general circum
Article 7
stances prevailing in that part of the country and to the
personal circumstances of the applicant in accordance with
Actors of protection
Article 4. To that end, Member States shall ensure that
1. Protection
against
persecution
or
serious
harm
can
only precise and up-to-date information is obtained from relevant
be provided by:
sources, such as the United Nations High Commissioner for
Refugees and the European Asylum Support Office.
(a) the State; or
CHAPTER III
(b) parties or organisations, including international organi
QUALIFICATION FOR BEING A REFUGEE
sations, controlling the State or a substantial part of the
Article 9
territory of the State;
Acts of persecution
1. In
order
to
be
regarded
as
an
act
of
persecution
within
the
provided they are willing and able to offer protection in
meaning of Article 1(A) of the Geneva Convention, an act must:
accordance with paragraph 2.
2. Protection against persecution or serious harm must be
(a) be sufficiently serious by its nature or repetition as to
effective and of a non-temporary nature. Such protection is
constitute a severe violation of basic human rights, in
generally provided when the actors mentioned under points
particular the rights from which derogation cannot be
(a) and (b) of paragraph 1 take reasonable steps to prevent
made under Article 15(2) of the European Convention for
the persecution or suffering of serious harm, inter alia, by
the Protection of Human Rights and Fundamental Freedoms;
operating an effective legal system for the detection, prosecution
or
and punishment of acts constituting persecution or serious
harm, and when the applicant has access to such protection.
(b) be an accumulation of various measures, including
violations of human rights which is sufficiently severe as
3. When
assessing
whether
an
international
organisation
to affect an individual in a similar manner as mentioned
controls a State or a substantial part of its territory and
in point (a).

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L 337/16
EN
Official Journal of the European Union
20.12.2011
2. Acts
of
persecution
as
qualified
in
paragraph
1
can,
inter
— members of that group share an innate characteristic, or
alia, take the form of:
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
(a) acts of physical or mental violence, including acts of sexual
forced to renounce it, and
violence;
(b) legal, administrative, police, and/or judicial measures which
— that group has a distinct identity in the relevant country,
are in themselves discriminatory or which are implemented
because it is perceived as being different by the
in a discriminatory manner;
surrounding society.
(c) prosecution or punishment which is disproportionate or
Depending on the circumstances in the country of origin, a
discriminatory;
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
(d) denial of judicial redress resulting in a disproportionate or
be criminal in accordance with national law of the Member
discriminatory punishment;
States. Gender related aspects, including gender identity,
shall be given due consideration for the purposes of deter
(e) prosecution or punishment for refusal to perform military
mining membership of a particular social group or iden
service in a conflict, where performing military service
tifying a characteristic of such a group;
would include crimes or acts falling within the scope of
the grounds for exclusion as set out in Article 12(2);
(e) the concept of political opinion shall, in particular, include
the holding of an opinion, thought or belief on a matter
(f) acts of a gender-specific or child-specific nature.
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
3. In
accordance
with
point
(d)
of
Article
2,
there
must
be
a
applicant.
connection between the reasons mentioned in Article 10 and
the acts of persecution as qualified in paragraph 1 of this Article
or the absence of protection against such acts.
2. When
assessing
if
an
applicant
has
a
well-founded
fear
of
being persecuted it is immaterial whether the applicant actually
Article 10
possesses the racial, religious, national, social or political char
acteristic which attracts the persecution, provided that such a
Reasons for persecution
characteristic is attributed to the applicant by the actor of perse
1. Member
States
shall
take
the
following
elements
into cution.
account when assessing the reasons for persecution:
Article 11
(a) the concept of race shall, in particular, include
considerations of colour, descent, or membership of a
Cessation
particular ethnic group;
1. A
third-country
national
or
a
stateless
person
shall
cease
to be a refugee if he or she:
(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
(a) has voluntarily re-availed himself or herself of the protection
private or in public, either alone or in community with
of the country of nationality; or
others, other religious acts or expressions of view, or
forms of personal or communal conduct based on or
mandated by any religious belief;
(b) having lost his or her nationality, has voluntarily re-acquired
it; or
(c) the concept of nationality shall not be confined to citi
zenship or lack thereof but shall, in particular, include
membership of a group determined by its cultural, ethnic,
(c) has acquired a new nationality, and enjoys the protection of
or linguistic identity, common geographical or political
the country of his or her new nationality; or
origins or its relationship with the population of another
State;
(d) has voluntarily re-established himself or herself in the
(d) a group shall be considered to form a particular social
country which he or she left or outside which he or she
group where in particular:
remained owing to fear of persecution; or

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EN
20.12.2011 Official
Journal
of
the
European
Union L
337/17
(e) can no longer, because the circumstances in connection
admission as a refugee, which means the time of issuing a
with which he or she has been recognised as a refugee
residence permit based on the granting of refugee status;
have ceased to exist, continue to refuse to avail himself or
particularly cruel actions, even if committed with an
herself of the protection of the country of nationality; or
allegedly political objective, may be classified as serious
non-political crimes;
(f) being a stateless person, he or she is able, because the
circumstances in connection with which he or she has
(c) he or she has been guilty of acts contrary to the purposes
been recognised as a refugee have ceased to exist, to
and principles of the United Nations as set out in the
return to the country of former habitual residence.
Preamble and Articles 1 and 2 of the Charter of the
United Nations.
2. In
considering
points
(e)
and
(f)
of
paragraph
1,
Member
States shall have regard to whether the change of circumstances
3. Paragraph
2
applies
to
persons
who
incite
or
otherwise
is of such a significant and non-temporary nature that the
participate in the commission of the crimes or acts mentioned
refugee’s fear of persecution can no longer be regarded as
therein.
well-founded.

3. Points
(e)
and
(f)
of
paragraph
1
shall
not
apply
to
a
CHAPTER IV
refugee who is able to invoke compelling reasons arising out
REFUGEE STATUS
of previous persecution for refusing to avail himself or herself
of the protection of the country of nationality or, being a
Article 13
stateless person, of the country of former habitual residence.
Granting of refugee status
Member States shall grant refugee status to a third-country
Article 12
national or a stateless person who qualifies as a refugee in
accordance with Chapters II and III.
Exclusion
1. A third-country national or a stateless person is excluded
from being a refugee if:
Article 14
Revocation of, ending of or refusal to renew refugee status
(a) he or she falls within the scope of Article 1(D) of the
1. Concerning
applications
for
international
protection
filed
Geneva Convention, relating to protection or assistance
after the entry into force of Directive 2004/83/EC, Member
from organs or agencies of the United Nations other than
States shall revoke, end or refuse to renew the refugee status
the United Nations High Commissioner for Refugees. When
of a third-country national or a stateless person granted by a
such protection or assistance has ceased for any reason,
governmental, administrative, judicial or quasi-judicial body if
without the position of such persons being definitely
he or she has ceased to be a refugee in accordance with
settled in accordance with the relevant resolutions adopted
Article 11.
by the General Assembly of the United Nations, those
persons shall ipso facto be entitled to the benefits of this
Directive;
2. Without prejudice to the duty of the refugee in
accordance with Article 4(1) to disclose all relevant facts and
provide all relevant documentation at his or her disposal, the
(b) he or she is recognised by the competent authorities of the
Member State which has granted refugee status shall, on an
country in which he or she has taken up residence as having
individual basis, demonstrate that the person concerned has
the rights and obligations which are attached to the
ceased to be or has never been a refugee in accordance with
possession of the nationality of that country, or rights
paragraph 1 of this Article.
and obligations equivalent to those.
2. A third-country national or a stateless person is excluded
3. Member
States
shall
revoke,
end
or
refuse
to
renew
the
from being a refugee where there are serious reasons for
refugee status of a third-country national or a stateless person if,
considering that:
after he or she has been granted refugee status, it is established
by the Member State concerned that:
(a) he or she has committed a crime against peace, a war crime,
or a crime against humanity, as defined in the international
(a) he or she should have been or is excluded from being a
instruments drawn up to make provision in respect of such
refugee in accordance with Article 12;
crimes;
(b) his or her misrepresentation or omission of facts, including
(b) he or she has committed a serious non-political crime
the use of false documents, was decisive for the granting of
outside the country of refuge prior to his or her
refugee status.

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L 337/18
EN
Official Journal of the European Union
20.12.2011
4. Member
States
may
revoke,
end
or
refuse
to
renew
the 3. Paragraph
1
shall
not
apply
to
a
beneficiary
of
subsidiary
status granted to a refugee by a governmental, administrative,
protection status who is able to invoke compelling reasons
judicial or quasi-judicial body, when:
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
(a) there are reasonable grounds for regarding him or her as a
residence.
danger to the security of the Member State in which he or
she is present;
Article 17
(b) he or she, having been convicted by a final judgment of a
Exclusion
particularly serious crime, constitutes a danger to the
1. A
third-country
national
or
a
stateless
person
is
excluded
community of that Member State.
from being eligible for subsidiary protection where there are
serious reasons for considering that:
5. In
situations
described
in
paragraph
4,
Member
States
may
decide not to grant status to a refugee, where such a decision
(a) he or she has committed a crime against peace, a war crime,
has not yet been taken.
or a crime against humanity, as defined in the international
instruments drawn up to make provision in respect of such
crimes;
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, 32 and 33 of the Geneva Convention in so far as they
are present in the Member State.
(b) he or she has committed a serious crime;
CHAPTER V
(c) he or she has been guilty of acts contrary to the purposes
QUALIFICATION FOR SUBSIDIARY PROTECTION
and principles of the United Nations as set out in the
Preamble and Articles 1 and 2 of the Charter of the
Article 15
United Nations;
Serious harm
Serious harm consists of:
(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.
(a) the death penalty or execution; or
2. Paragraph
1
applies
to
persons
who
incite
or
otherwise
(b) torture or inhuman or degrading treatment or punishment
participate in the commission of the crimes or acts mentioned
of an applicant in the country of origin; or
therein.
(c) serious and individual threat to a civilian’s life or person by
3. Member
States
may
exclude
a
third-country
national
or
a
reason of indiscriminate violence in situations of inter
stateless person from being eligible for subsidiary protection if
national or internal armed conflict.
he or she, prior to his or her admission to the Member State
concerned, has committed one or more crimes outside the
scope of paragraph 1 which would be punishable by
imprisonment, had they been committed in the Member State
Article 16
concerned, and if he or she left his or her country of origin
Cessation
solely in order to avoid sanctions resulting from those crimes.
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
CHAPTER VI
ceased to exist or have changed to such a degree that protection
is no longer required.
SUBSIDIARY PROTECTION STATUS
Article 18
Granting of subsidiary protection status
2. In
applying
paragraph
1,
Member
States
shall
have
regard
to whether the change in circumstances is of such a significant
Member States shall grant subsidiary protection status to a
and non-temporary nature that the person eligible for subsidiary
third-country national or a stateless person eligible for
protection no longer faces a real risk of serious harm.
subsidiary protection in accordance with Chapters II and V.

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Article 19
2. This
Chapter
shall
apply
both
to
refugees
and
persons
eligible for subsidiary protection unless otherwise indicated.
Revocation of, ending of or refusal to renew subsidiary
protection status
1. Concerning
applications
for
international
protection
filed
after the entry into force of Directive 2004/83/EC, Member
3. When
implementing
this
Chapter,
Member
States
shall
States shall revoke, end or refuse to renew the subsidiary
take into account the specific situation of vulnerable persons
protection status of a third-country national or a stateless
such as minors, unaccompanied minors, disabled people, elderly
person granted by a governmental, administrative, judicial or
people, pregnant women, single parents with minor children,
quasi-judicial body if he or she has ceased to be eligible for
victims of human trafficking, persons with mental disorders and
subsidiary protection in accordance with Article 16.
persons who have been subjected to torture, rape or other
serious forms of psychological, physical or sexual violence.
2. Member
States
may
revoke,
end
or
refuse
to
renew
the 4. Paragraph 3 shall apply only to persons found to have
subsidiary protection status of a third-country national or a
special needs after an individual evaluation of their situation.
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
5. The
best
interests
of
the
child
shall
be
a
primary
accordance with Article 17(3).
consideration for Member States when implementing the
provisions of this Chapter that involve minors.
3. Member
States
shall
revoke,
end
or
refuse
to
renew
the
Article 21
subsidiary protection status of a third-country national or a
stateless person, if:
Protection from refoulement
1. Member
States
shall
respect
the
principle
of non-
refoulement in accordance with their international obligations.
(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)
2. Where
not
prohibited
by
the
international
obligations
and (2);
mentioned in paragraph 1, Member States may refoule a
refugee, whether formally recognised or not, when:
(b) his or her misrepresentation or omission of facts, including
(a) there are reasonable grounds for considering him or her as a
the use of false documents, was decisive for the granting of
danger to the security of the Member State in which he or
subsidiary protection status.
she is present; or
(b) he or she, having been convicted by a final judgment of a
4. Without
prejudice
to
the
duty
of
the
third-country
particularly serious crime, constitutes a danger to the
national or stateless person in accordance with Article 4(1) to
community of that Member State.
disclose all relevant facts and provide all relevant documentation
at his or 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
3. Member States may revoke, end or refuse to renew or to
not eligible for subsidiary protection in accordance with
grant the residence permit of (or to) a refugee to whom
paragraphs 1, 2 and 3 of this Article.
paragraph 2 applies.
Article 22
CHAPTER VII
Information
CONTENT OF INTERNATIONAL PROTECTION
Member States shall provide beneficiaries of international
Article 20
protection, as soon as possible after refugee status or subsidiary
General rules
protection status has been granted, with access to information,
in a language that they understand or are reasonably supposed
1. This
Chapter
shall
be
without
prejudice
to
the
rights
laid to understand, on the rights and obligations relating to that
down in the Geneva Convention.
status.

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L 337/20
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Official Journal of the European Union
20.12.2011
Article 23
Article 25
Maintaining family unity
Travel document
1. Member States shall ensure that family unity can be main
1. Member
States
shall
issue
to
beneficiaries
of
refugee
status
tained.
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
ensure
that
family
members
of
the
beneficiary of international protection who do not individually
qualify for such protection are entitled to claim the benefits
2. Member
States
shall
issue
to
beneficiaries
of
subsidiary
referred to in Articles 24 to 35, in accordance with national
protection status who are unable to obtain a national
procedures and as far as is compatible with the personal legal
passport, documents which enable them to travel outside their
status of the family member.
territory, unless compelling reasons of national security or
public order otherwise require.
3. Paragraphs 1 and 2 are not applicable where the family
member is or would be excluded from international protection
Article 26
pursuant to Chapters III and V.
Access to employment
1. Member
States
shall
authorise
beneficiaries
of
international
protection to engage in employed or self-employed activities
subject to rules generally applicable to the profession and to
4. Notwithstanding
paragraphs
1
and
2,
Member
States
may the public service, immediately after protection has been
refuse, reduce or withdraw the benefits referred to therein for
granted.
reasons of national security or public order.
2. Member
States
shall
ensure
that
activities
such
as
5. Member
States
may
decide
that
this
Article
also
applies
to employment-related education opportunities for adults, voca
other close relatives who lived together as part of the family at
tional training, including training courses for upgrading skills,
the time of leaving the country of origin, and who were wholly
practical workplace experience and counselling services afforded
or mainly dependent on the beneficiary of international
by employment offices, are offered to beneficiaries of inter
protection at that time.
national protection, under equivalent conditions as nationals.
3. Member States shall endeavour to facilitate full access for
Article 24
beneficiaries of international protection to the activities referred
Residence permits
to in paragraph 2.
1. As
soon
as
possible
after
international
protection
has
been
granted, Member States shall issue to beneficiaries of refugee
status a residence permit which must be valid for at least 3
4. The law in force in the Member States applicable to
years and renewable, unless compelling reasons of national
remuneration, access to social security systems relating to
security or public order otherwise require, and without
employed or self-employed activities and other conditions of
prejudice to Article 21(3).
employment shall apply.
Article 27
Without prejudice to Article 23(1), the residence permit to be
issued to the family members of the beneficiaries of refugee
Access to education
status may be valid for less than 3 years and renewable.
1. Member
States
shall
grant
full
access
to
the
education
system to all minors granted international protection, under
the same conditions as nationals.
2. As
soon
as
possible
after
international
protection
has
been
granted, Member States shall issue to beneficiaries of subsidiary
protection status and their family members a renewable
2. Member
States
shall
allow
adults
granted
international
residence permit which must be valid for at least 1 year and,
protection access to the general education system, further
in case of renewal, for at least 2 years, unless compelling
training or retraining, under the same conditions as third-
reasons of national security or public order otherwise require.
country nationals legally resident.

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European
Union L
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Article 28
Article 31
Access to procedures for recognition of qualifications
Unaccompanied minors
1.
Member States shall ensure equal treatment between bene
1. As
soon
as
possible
after
the
granting
of
international
ficiaries of international protection and nationals in the context
protection Member States shall take the necessary measures to
of the existing recognition procedures for foreign diplomas,
ensure the representation of unaccompanied minors by a legal
certificates and other evidence of formal qualifications.
guardian or, where necessary, by an organisation 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
endeavour
to
facilitate
full
access
for
beneficiaries of international protection who cannot provide
2. Member
States
shall
ensure
that
the
minor’s
needs
are
duly
documentary evidence of their qualifications to appropriate
met in the implementation of this Directive by the appointed
schemes for the assessment, validation and accreditation of
guardian or representative. The appropriate authorities shall
their prior learning. Any such measures shall comply with
make regular assessments.
Articles 2(2) and 3(3) of Directive 2005/36/EC of the
European Parliament and of the Council of 7 September
2005 on the recognition of professional qualifications ( 1 ).
3. Member States shall ensure that unaccompanied minors
are placed either:
Article 29
(a) with adult relatives; or
Social welfare
1. Member States shall ensure that beneficiaries of inter
(b) with a foster family; or
national protection receive, in the Member State that has
granted such protection, the necessary social assistance as
provided to nationals of that Member State.
(c) in centres specialised in accommodation for minors; or
(d) in other accommodation suitable for minors.
2. By way of derogation from the general rule laid down in
paragraph 1, Member States may limit social assistance granted
to beneficiaries of subsidiary protection status to core benefits
In this context, the views of the child shall be taken into
which will then be provided at the same level and under the
account in accordance with his or her age and degree of
same eligibility conditions as nationals.
maturity.
4. As
far
as
possible,
siblings
shall
be
kept
together,
taking
Article 30
into account the best interests of the minor concerned and, in
particular, his or her age and degree of maturity. Changes of
Healthcare
residence of unaccompanied minors shall be limited to a
minimum.
1. Member States shall ensure that beneficiaries of inter
national protection have access to healthcare under the same
eligibility conditions as nationals of the Member State that has
granted such protection.
5. If
an
unaccompanied
minor
is
granted
international
protection and the tracing of his or her family members has
not already started, Member States shall start tracing them as
soon as possible after the granting of international protection,
whilst protecting the minor’s best interests. If the tracing has
2. Member
States
shall
provide,
under
the
same
eligibility already started, Member States shall continue the tracing process
conditions as nationals of the Member State that has granted
where appropriate. In cases where there may be a threat to the
protection, adequate healthcare, including treatment of mental
life or integrity of the minor or his or her close relatives,
disorders when needed, to beneficiaries of international
particularly if they have remained in the country of origin,
protection who have special needs, such as pregnant women,
care must be taken to ensure that the collection, processing
disabled people, persons who have undergone torture, rape or
and circulation of information concerning those persons is
other serious forms of psychological, physical or sexual violence
undertaken on a confidential basis.
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.
6. Those
working
with
unaccompanied
minors
shall
have
had and continue to receive appropriate training concerning
( 1 ) OJ L 255, 30.9.2005, p. 22.
their needs.

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20.12.2011
Article 32
Article 37
Access to accommodation
Staff
1. Member States shall ensure that beneficiaries of inter
Member States shall ensure that authorities and other organi
national protection have access to accommodation under
sations implementing this Directive have received the necessary
equivalent conditions as other third-country nationals legally
training and shall be bound by the confidentiality principle, as
resident in their territories.
defined in the national law, in relation to any information they
obtain in the course of their work.
2. While
allowing
for
national
practice
of
dispersal
of
bene
ficiaries of international protection, Member States shall
endeavour to implement policies aimed at preventing discrimi
CHAPTER IX
nation of beneficiaries of international protection and at
ensuring equal opportunities regarding access to accom
FINAL PROVISIONS
modation.
Article 38
Reports
1. By
21
June
2015,
the
Commission
shall
report
to
the
Article 33
European Parliament and the Council on the application of
Freedom of movement within the Member State
this Directive and shall propose any amendments that are
necessary. Those proposals for amendment shall be made by
Member States shall allow freedom of movement within their
way of priority in Articles 2 and 7. Member States shall send
territory to beneficiaries of international protection, under the
the Commission all the information that is appropriate for
same conditions and restrictions as those provided for other
drawing up that report by 21 December 2014.
third-country nationals legally resident in their territories.
Article 34
2. After
presenting
the
report,
the
Commission
shall
report
Access to integration facilities
to the European Parliament and the Council on the application
of this Directive at least every 5 years.
In order to facilitate the integration of beneficiaries of inter
national protection into society, Member States shall ensure
access to integration programmes which they consider to be
appropriate so as to take into account the specific needs of
beneficiaries of refugee status or of subsidiary protection
Article 39
status, or create pre-conditions which guarantee access to
such programmes.
Transposition
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with Articles
1, 2, 4, 7, 8, 9, 10, 11, 16, 19, 20, 22, 23, 24, 25, 26, 27, 28,
Article 35
29, 30, 31, 32, 33, 34 and 35 by 21 December 2013. They
Repatriation
shall forthwith communicate to the Commission the text of
those provisions.
Member States may provide assistance to beneficiaries of inter
national protection who wish to be repatriated.
When Member States adopt those provisions, they shall contain
CHAPTER VIII
a reference to this Directive or be accompanied by such a
ADMINISTRATIVE COOPERATION
reference on the occasion of their official publication. They
shall also include a statement that references in existing laws,
Article 36
regulations and administrative provisions to the directive
Cooperation
repealed by this Directive shall be construed as references to
this Directive. Member States shall determine how such
Member States shall each appoint a national contact point and
reference is to be made and how that statement is to be
communicate its address to the Commission. The Commission
formulated.
shall communicate that information to the other Member States.
Member States shall, in liaison with the Commission, take all
2. Member
States
shall
communicate
to
the
Commission
the
appropriate measures to establish direct cooperation and an
text of the main provisions of national law covered by this
exchange of information between the competent authorities.
Directive.

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EN
20.12.2011 Official
Journal
of
the
European
Union L
337/23
Article 40
Articles 1, 2, 4, 7, 8, 9, 10, 11, 16, 19, 20, 22, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 33, 34 and 35 shall apply from
Repeal
22 December 2013.
Directive 2004/83/EC is repealed for the Member States bound
by this Directive with effect from 21 December 2013, without
prejudice to the obligations of the Member States relating to the
Article 42
time limit for transposition into national law of the Directive set
out in Annex I, Part B.
Addressees
This Directive is addressed to the Member States in accordance
with the Treaties.
For the Member States bound by this Directive, references to the
repealed Directive shall be construed as references to this
Directive and shall be read in accordance with the correlation
table in Annex II.
Done at Strasbourg, 13 December 2011.
Article 41
Entry into force
For the European Parliament
For the Council
This Directive shall enter into force on the 20th day following
The President
The President
its publication in the Official Journal of the European Union.
J. BUZEK
M. SZPUNAR

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L 337/24
EN
Official Journal of the European Union
20.12.2011
ANNEX I
PART A
Repealed Directive
(referred to in Article 40)
Council Directive 2004/83/EC (OJ
L
304,
30.9.2004,
p.
12).
PART B
Time limit for transposition into national law
(referred to in Article 39)
Directive Time
limit
for
transposition
2004/83/EC 10
October
2006

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EN
20.12.2011 Official
Journal
of
the
European
Union L
337/25
ANNEX II
Correlation table
Directive 2004/83/EC This
Directive
Article 1 Article
1
Article 2, introductory words Article
2,
introductory
words
Article 2(a) Article
2(a)
— Article
2(b)
Article 2(b)-(g) Article
2(c)-(h)
— Article
2(i)
Article 2(h) Article
2(j)
first
and
second
indent
— Article
2(j)
third
indent
— Article
2(k)
Article 2(i) Article
2(l)
Article 2(j) Article
2(m)
Article 2(k) Article
2(n)
Article 3 Article
3
Article 4 Article
4
Article 5 Article
5
Article 6 Article
6
Article 7 Article
7
Article 8(1)(2) Article
8(1)(2)
Article 8(3)
—
Article 9 Article
9
Article 10 Article
10
Article 11(1)(2) Article
11(1)(2)
— Article
11(3)
Article 12 Article
12
Article 13 Article
13
Article 14 Article
14
Article 15 Article
15
Article 16(1)(2) Article
16(1)(2)
— Article
16(3)
Article 17 Article
17
Article 18 Article
18
Article 19 Article
19
Article 20(1)-(5) Article
20(1)-(5)
Article 20(6)(7)
—

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L 337/26
EN
Official Journal of the European Union
20.12.2011
Directive 2004/83/EC This
Directive
Article 21 Article
21
Article 22 Article
22
Article 23(1) Article
23(1)
Article 23(2) first subparagraph Article
23(2)
Article 23(2) second subparagraph
—
Article 23(2) third subparagraph
—
Article 23(3)-(5) Article
23(3)-(5)
Article 24(1) Article
24(1)
Article 24(2) Article
24(2)
Article 25 Article
25
Article 26(1)-(3) Article
26(1)-(3)
Article 26(4)
—
Article 26(5) Article
26(4)
Article 27(1)(2) Article
27(1)(2)
Article 27(3) Article
28(1)
— Article
28(2)
Article 28(1) Article
29(1)
Article 28(2) Article
29(2)
Article 29(1) Article
30(1)
Article 29(2)
—
Article 29(3) Article
30(2)
Article 30 Article
31
Article 31 Article
32(1)
— Article
32(2)
Article 32 Article
33
Article 33 Article
34
Article 34 Article
35
Article 35 Article
36
Article 36 Article
37
Article 37 Article
38
Article 38 Article
39
— Article
40
Article 39 Article
41
Article 40 Article
42
— Annex
I
— Annex
II

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