1. Member States shall provide applicants with information relating to the reception conditions set out in this Directive, including information specific to their reception systems, as soon as possible and in good time in order to effectively enable applicants to benefit from the rights and comply with the obligations provided for in this Directive.
Member States shall in particular provide applicants with standard information relating to reception conditions set out in this Directive, using a template to be developed by the European Union Agency for Asylum (the ‘Asylum Agency’). That information shall be provided as soon as possible and no later than three days from the making of the application or within the timeframe for its registration in accordance with Regulation (EU) 2024/1348.
Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and representation, including information on organisations or groups of persons that provide that legal assistance and representation free of charge, and organisations that might be able to help or inform them concerning the available reception conditions, including health care.
2. Member States shall ensure that the information referred to in paragraph 1 is provided in writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, that information shall also be provided orally or, where appropriate, in a visual form such as by using videos or pictograms, and shall be adapted to the applicant’s needs.
In the case of an unaccompanied minor, Member States shall provide the information referred to in paragraph 1 in an age-appropriate manner and in a manner that ensures that the unaccompanied minor understands it, by using information materials specifically adapted to minors where appropriate. That information shall be provided in the presence of the representative of the unaccompanied minor or of the person suitable to provisionally act as a representative until the representative is appointed.
In exceptional cases, a Member State may provide the information referred to in paragraph 1 to the applicant by means of an oral translation, or where appropriate in a visual form such as videos or pictograms, where:
(a)
it is not able to provide that information in writing within the time limit set out in that paragraph because the language that an applicant understands or is reasonably supposed to understand is a rare language; and
(b)
that applicant subsequently confirms that he or she understands the information provided.
In cases referred to in the third subparagraph, the Member State shall as soon as possible obtain a translation of the information referred to in paragraph 1 in writing and provide it to the applicant, except where it is clear that such a provision is no longer needed.
1. Member States shall ensure that the applicant is provided with the document referred to in Article 29(1) of Regulation (EU) 2024/1348.
2. Member States shall not require applicants, for the sole reason that they are applicants for international protection or on the sole basis of their nationality, to provide unnecessary or a disproportionate amount of documentation or impose other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive.
3. Member States may provide applicants with a travel document only when serious humanitarian reasons or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration necessary for the reason for which it is issued.
1. Member States may freely organise their reception systems in accordance with this Directive. Applicants may move freely within the territory of the Member State concerned.
2. Provided that all applicants benefit effectively from their rights under this Directive, Member States may allocate applicants to accommodation within their territory in order to manage their asylum and reception systems.
3. When allocating or re-allocating applicants to accommodation, Member States shall take into account objective factors, including family unity as referred to in Article 14 and applicants’ special reception needs.
4. The provision of material reception conditions by Member States may be made subject to the actual residence by the applicants in the accommodation to which they have been allocated in accordance with paragraph 2.
5. Member States may also put in place mechanisms to assess and address the needs of their reception systems, including mechanisms for the purpose of verifying that the applicants are actually residing in the accommodation allocated to them in accordance with paragraph 2.
6. Member States shall require applicants to provide the competent authorities with their current address, a telephone number where they may be reached and, if available, an electronic mail address. Member States shall also require applicants to notify such competent authorities of any change of address, telephone number or electronic mail address as soon as possible.
7. Member States shall not be required to take administrative decisions for the purpose of this Article.
1. Member States may allocate applicants to a geographical area within their territory in which they are able to move freely, for the duration of the procedure for international protection in accordance with Regulation (EU) 2024/1348.
2. Member States may allocate applicants to a geographical area within their territory pursuant to paragraph 1 only for the purpose of ensuring the swift, efficient and effective processing of their applications in accordance with Regulation (EU) 2024/1348 or the geographic distribution of those applicants, taking into account the capacities of the geographical areas concerned.
Member States shall inform applicants in accordance with Article 5 of their allocation to a geographical area, including of the geographical boundaries of that area.
3. Member States shall ensure that applicants have effective access to their rights under this Directive and to the procedural guarantees in the procedure for international protection within the geographical area to which those applicants are allocated. That geographical area shall be sufficiently large, allow access to necessary public infrastructure and shall not affect the applicants’ unalienable sphere of private life.
4. Member States shall not be required to take administrative decisions for the purpose of paragraph 1.
5. Member States shall, upon the request of the applicant, grant that applicant permission to temporarily leave the geographical area for duly justified urgent and serious family reasons, or necessary medical treatment which is not available within the geographical area.
Where an applicant leaves the geographical area without permission, a Member State shall not apply penalties other than those provided for under this Directive.
The applicant shall not be required to request permission to attend appointments with authorities and courts if the attendance of that applicant is necessary. The applicant shall notify the competent authorities in advance of such appointments.
6. Where it has been established, including as a consequence of an applicant’s request for appeal or review in accordance with Article 29, that an applicant has not been granted effective access to his or her rights under this Directive or to the procedural guarantees in the procedure for international protection within the geographical area, the allocation of that applicant to that geographical area shall no longer apply.
7. Before applying this Article, the Member State concerned shall lay down the conditions for the application of this Article in national law and inform the Commission and the Asylum Agency in accordance with Chapter 5 of Regulation (EU) 2021/2303.
1. Where necessary, Member States may decide that an applicant is allowed to reside only in a specific place that is adapted for housing applicants, for reasons of public order or to effectively prevent the applicant from absconding, where there is a risk of absconding, in particular with regard to:
(a)
applicants who are required to be present in another Member State in accordance with Article 17(4) of Regulation (EU) 2024/1351; or
(b)
applicants who have been transferred to the Member State where they are required to be present in accordance with Article 17(4) of Regulation (EU) 2024/1351 after having absconded to another Member State.
Where an applicant has been allowed to reside only in a specific place in accordance with this paragraph, the provision of material reception conditions shall be subject to the actual residence by the applicant in that specific place.
2. Member States may, where necessary, require applicants to report to the competent authorities at a specified time or at reasonable intervals, without disproportionately affecting the rights of the applicants under this Directive.
Such reporting requirements may be imposed to ensure that the decisions referred to in paragraph 1 are respected or to effectively prevent applicants from absconding.
3. Upon the request of the applicant, Member States may grant that applicant permission to reside temporarily outside the specific place designated in accordance with paragraph 1. Decisions regarding such permission shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
The applicant shall not be required to request permission to attend appointments with authorities and courts if the attendance of that applicant is necessary. The applicant shall notify the competent authorities of such appointments.
4. The decisions taken in accordance with paragraphs 1 and 2 shall be proportionate and take into account relevant aspects of the individual situation of the applicant, including the special reception needs of that applicant.
5. Member States shall state reasons in fact and, where relevant, in law for any decision taken in accordance with paragraphs 1 and 2 of this Article in that decision. Applicants shall be informed in writing of such a decision, as well as of the procedures for challenging the decision in accordance with Article 29 and of the consequences of non-compliance with the obligations imposed by the decision. Member States shall provide applicants with such information in a language that they understand or are reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall ensure that the decisions taken in accordance with this Article are reviewed by a judicial authority ex officio where those decisions have been applied for more than two months, or that those decisions may be appealed at the request of the applicant concerned in accordance with Article 29.
1. Member States shall not hold a person in detention for the sole reason that that person is an applicant or on the basis of the nationality of that applicant. The detention shall be based only on one or more of the grounds for detention set out in paragraph 4. The detention shall not be punitive in nature.
2. Where necessary and on the basis of an individual assessment of each case, Member States may detain an applicant, if other less coercive alternative measures cannot be applied effectively.
3. When detaining an applicant, Member States shall take into account any visible signs, statements or behaviour indicating that the applicant has special reception needs. Where the assessment provided for in Article 25 has not yet been completed, it shall be completed without undue delay and its results shall be taken into account when deciding whether to continue detention or whether the detention conditions need to be adjusted.
4. An applicant may be detained only on the basis of one or more of the following grounds:
(a)
to determine or verify his or her identity or nationality;
(b)
to determine the elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular where there is a risk of absconding;
(c)
to ensure compliance with legal obligations imposed on the applicant through an individual decision in accordance with Article 9(1) in cases where the applicant has not complied with such obligations and there continues to be a risk of absconding;
(d)
to decide, in the context of a border procedure in accordance with Article 43 of Regulation (EU) 2024/1348, on the applicant’s right to enter the territory;
(e)
when the applicant is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council ( 14 ) in order to prepare the return, or carry out the removal process, and the Member State concerned can substantiate on the basis of objective criteria, including that the applicant already had the opportunity to access the procedure for international protection, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision;
(f)
when protection of national security or public order so requires;
(g)
in accordance with Article 44 of Regulation (EU) 2024/1351.
The grounds for detention referred to in the first subparagraph shall be laid down in national law.
5. Member States shall ensure that the rules concerning alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place, are laid down in national law.
1. An applicant shall be detained only for as short a period as possible and shall be kept in detention only for as long as the grounds set out in Article 10(4) are applicable.
Administrative procedures relevant to the grounds for detention set out in Article 10(4) shall be executed with due diligence. Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.
2. The detention of applicants shall be ordered in writing by judicial or administrative authorities. The detention order shall state the reasons in fact and in law on which it is based as well as why less coercive alternative measures cannot be applied effectively.
3. Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio or upon the request of the applicant, or both. When conducted ex officio , such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the beginning of detention. When conducted upon the request of the applicant, such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the launch of the relevant proceedings.
Where the judicial review referred to in the first subparagraph has, where conducted ex officio , not been concluded within 21 days from the beginning of detention or, where conducted upon the request of the applicant, not been concluded within 21 days from the launch of the relevant proceedings, the applicant concerned shall be released immediately.
4. Detained applicants shall immediately be informed in writing, in a language which they understand or are reasonably supposed to understand, of the reasons for detention and the procedures laid down in national law for challenging the detention order, as well as of the possibility to request free legal assistance and representation.
5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio or upon the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention.
Without prejudice to the first subparagraph, the detention of unaccompanied minors shall be reviewed ex officio at regular intervals.
Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.
6. In the event of judicial review of the detention order provided for in paragraphs 3 and 5 of this Article, Member States shall ensure that applicants have access to free legal assistance and representation under the conditions set out in Article 29.
1. Detention of applicants shall take place, as a rule, in specialised detention facilities. Where a Member State cannot provide accommodation in a specialised detention facility and is obliged to resort to prison accommodation, the detained applicant shall be kept separately from ordinary prisoners and the detention conditions provided for in this Directive shall apply.
As far as possible, detained applicants shall be kept separately from other third-country nationals who have not lodged an application for international protection.
Where applicants cannot be detained separately from other third-country nationals, the Member State concerned shall ensure that the detention conditions provided for in this Directive are applied.
2. Detained applicants shall have access to open-air spaces.
3. Member States shall ensure that persons representing the United Nations High Commissioner for Refugees (UNHCR) have the possibility to communicate with and visit applicants in conditions that respect privacy. That possibility shall also apply to an organisation which is working on the territory of the Member State concerned on behalf of UNHCR pursuant to an agreement with that Member State.
4. Member States shall ensure that family members, legal advisers or counsellors and persons representing relevant non-governmental organisations recognised by the Member State concerned have the possibility to communicate with and visit applicants in conditions that respect privacy. Limits to access to the detention facility may be imposed only where, by virtue of national law, they are objectively necessary for security, public order or the administrative management of the detention facility, provided that access is not thereby severely restricted or rendered impossible.
5. Member States shall ensure that applicants in detention are systematically provided with information which explains the rules applied in the facility and sets out the rights and obligations of those applicants in a language which they understand or are reasonably supposed to understand. In the event that an applicant is detained at a border post or in a transit zone, Member States may derogate from that obligation in duly justified cases and for a reasonable period of time which shall be as short as possible. This derogation shall not apply in cases referred to in Article 43 of Regulation (EU) 2024/1348.
Detention of applicants with special reception needs
1. The health, including the mental health, of applicants in detention who have special reception needs shall be of primary concern to national authorities.
Where the detention of applicants with special reception needs would put their physical and mental health at serious risk, those applicants shall not be detained.
Where applicants with special reception needs are detained, Member States shall ensure regular monitoring of, and the provision of timely and adequate support to, those applicants, taking into account their particular situation, including their physical and mental health.
2. Minors shall, as a rule, not be detained. They shall be placed in suitable accommodation in accordance with Articles 26 and 27.
Adequate alternatives to detention shall, as a rule, be used for families with minors in accordance with the principle of family unity. Such families shall be placed in accommodation suitable for them.
In exceptional circumstances, as a measure of last resort and after it has been established that other less coercive alternative measures cannot be applied effectively, and after detention is assessed to be in their best interests in accordance with Article 26, minors may be detained:
(a)
in the case of accompanied minors, where the minor’s parent or primary care-giver is detained; or
(b)
in the case of unaccompanied minors, where detention safeguards the minor.
Such detention shall be for the shortest possible period of time. Minors shall never be detained in prison or another facility used for law enforcement purposes. All efforts shall be made to release minors from detention and place them in accommodation suitable for minors.
The best interests of the child, as referred to in Article 26, shall be a primary consideration for Member States.
Where minors are detained, they shall have the right to education in accordance with Article 16, unless the provision of education is of limited value to them due to the very short period of their detention. Those minors shall also have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age.
3. Where unaccompanied minors are detained, they shall be accommodated in facilities adapted to the housing of unaccompanied minors. Such facilities shall be provided with staff qualified to safeguard the rights of unaccompanied minors and attend to their needs.
Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults.
4. Detained families shall be provided with separate accommodation that guarantees adequate privacy.
Detained families with minors shall be accommodated in detention facilities adapted to the needs of minors.
5. Member States shall ensure that detained male and female applicants are accommodated separately, unless those detained applicants are family members and all individuals concerned consent to be accommodated together.
Exceptions to the first subparagraph may also apply to the use of common spaces designed for recreational or social activities, including the provision of meals.
6. Where the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 43 of Regulation (EU) 2024/1348, Member States may derogate from paragraph 3, first subparagraph, paragraph 4 and paragraph 5, first subparagraph, in duly justified cases and for a reasonable period of time, that shall be as short as possible. Member States shall have sufficient facilities and resources in place to ensure that they apply the derogations provided for in this paragraph only in exceptional situations. When applying those derogations, Member States shall inform the Commission and the Asylum Agency thereof.
Where a Member State provides applicants with housing, it shall take appropriate measures to maintain, as far as possible, family unity present within its territory. Such measures shall be implemented with the applicant’s consent.
1. Member States shall grant to minor children of applicants and to applicants who are minors the same access to education as their own nationals and under similar conditions for so long as an expulsion measure against such minors or their parents is not actually enforced.
The specific needs of minors, in particular with regard to respect for the child’s right to education and access to health care shall be taken into account. The education of minors shall, as a rule, be integrated with that of Member States’ own nationals and be of the same quality. Member States shall make every effort to ensure the continuity of education of minors for so long as an expulsion measure against them or their parents is not actually enforced.
Member States shall not withdraw secondary education for the sole reason that the minor has reached the age of majority.
2. Member States shall grant minors referred to in paragraph 1 access to an education system as soon as possible and shall not postpone the granting of that access for more than two months from the date on which the application for international protection was lodged taking into account school holidays. Member States shall provide education within the general education system. However, as a temporary measure and for a maximum period of one month, Member States may provide that education outside the general education system.
Preparatory classes, including language classes, shall be provided to minors where it is necessary to facilitate their access to and participation in the general education system.
3. Where access to the general education system is not possible due to the specific situation of the minor, the Member State concerned shall offer other education arrangements in accordance with its national law and practice.
1. Member States shall ensure that applicants have access to the labour market no later than six months from the date on which the application for international protection was registered provided that an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with Article 42(1), points (a) to (f) of Regulation (EU) 2024/1348, access to the labour market shall not be granted or, if already granted, shall be withdrawn.
2. Member States shall ensure that applicants who have access to the labour market in accordance with paragraph 1 have effective access to the labour market in accordance with national law.
For reasons of labour market policies, including regarding youth unemployment levels, Member States may verify whether a specific vacancy that an employer is considering to fill with an applicant who has access to the labour market in accordance with paragraph 1 could be filled by nationals of the Member State concerned, by other Union citizens, or by third-country nationals and stateless persons lawfully residing in that Member State. If the Member State finds that the specific vacancy could be filled by such persons, the Member State or the employer may refuse the employment of the applicant for that vacancy.
3. Member States shall ensure that applicants who have access to the labour market in accordance with paragraph 1 enjoy equal treatment with their own nationals as regards:
(a)
terms of employment, the minimum working age and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
(b)
freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
(c)
education and vocational training, including training courses for improving skills, practical workplace experience and employment guidance services;
(d)
recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications; and
(e)
access to appropriate schemes for the assessment, validation and recognition of applicants’ prior learning outcomes and experience.
4. Member States may restrict equal treatment of applicants who have access to the labour market in accordance with paragraph 1:
(a)
as regards paragraph 3, point (b), by excluding them from taking part in the management of bodies governed by public law and from holding an office governed by public law;
(b)
as regards paragraph 3, point (c), by excluding:
(i)
grants and loans related to education and vocational training and the payment of fees in accordance with national law with regard to access to university or post-secondary education; and
(ii)
education and vocational training which is not provided within the framework of an existing employment contract, including where provided for employment promotion purposes;
(c)
as regards paragraph 3, point (d) or (e), by not granting equal treatment for at least three months from the date on which the application for international protection was registered.
5. Member States shall ensure that applicants who are employed or, based on previous employment, are entitled to social security benefits, enjoy equal treatment with their own nationals as regards branches of social security referred to in Article 3(1) and (2) of Regulation (EC) No 883/2004.
6. Without prejudice to Regulation (EU) No 1231/2010, Member States may restrict equal treatment under paragraph 5 of this Article by excluding social security benefits which are not dependent on periods of employment or on contributions.
7. The right to equal treatment pursuant to this Article shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) 2024/1348 has terminated the applicant’s right to remain.
8. For the purposes of paragraph 3, point (d), of this Article, and without prejudice to Articles 2(2) and 3(3) of Directive 2005/36/EC, Member States shall facilitate, to the extent possible, full access to existing procedures for the recognition of foreign qualifications for applicants who cannot provide documentary evidence of their qualifications.
9. Access to the labour market shall not be withdrawn during an appeal procedure where the applicant has the right to remain on the territory of the Member State during that procedure and until a negative decision on the appeal is notified.
Member States shall ensure that applicants have access to language courses, civic education courses or vocational training courses that those Member States consider appropriate in order to help enhance applicants’ ability to act autonomously, to interact with competent authorities or to find employment, or, depending on the national system, Member States shall facilitate access to such courses, irrespective of whether applicants have access to the labour market in accordance with Article 17.
Where applicants have sufficient means, Member States may require them to cover or contribute to the cost of courses referred to in the first paragraph.
General rules on material reception conditions and health care
1. Member States shall ensure that material reception conditions are available to applicants from the moment they make their application for international protection in accordance with Article 26 of Regulation (EU) 2024/1348.
2. Member States shall ensure that material reception conditions and health care received in accordance with Article 22 provide an adequate standard of living for applicants, which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter.
Member States shall ensure that the adequate standard of living referred to in the first subparagraph is met in the specific situation of applicants with special reception needs as well as in relation to the situation of persons who are in detention.
3. Member States may make the provision of all or some of the material reception conditions subject to the condition that applicants do not have sufficient means to have an adequate standard of living as referred to in paragraph 2.
4. Without prejudice to paragraph 2, Member States may require applicants to cover or contribute to the cost of the material reception conditions where those applicants have sufficient means to do so, for example if they have been working for a reasonable period of time.
Without prejudice to paragraph 2, Member States may also require applicants to cover or contribute to the cost of the health care received, where those applicants have sufficient means to do so, except where the health care is provided free of charge to the nationals of those Member States.
5. If it transpires that an applicant had sufficient means to cover the cost of the material reception conditions or health care received in accordance with paragraph 4 at the time the applicant was provided with an adequate standard of living, Member States may require the applicant to refund the cost of those material reception conditions or health care.
6. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions and of the health care received or when requiring an applicant to refund costs in accordance with paragraph 5, Member States shall respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant’s special reception needs.
7. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the levels established by the Member State concerned either by law or practice to ensure an adequate standard of living for nationals. Member States shall inform the Commission and the Asylum Agency of those levels. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is fully or partially provided in kind or where those levels applied for nationals aim to ensure a standard of living higher than that required for applicants by this Directive.
1. Where Member States provide housing in kind, they shall ensure that such housing provides the applicant with an adequate standard of living in accordance with Article 19(2) as well as with necessary support to account for applicants’ special reception needs. The housing provided shall take one or a combination of the following forms:
(a)
premises used for the purpose of housing applicants during the examination of an application for international protection made at the border or in transit zones;
(b)
accommodation centres;
(c)
private houses, flats, hotels or other premises adapted for housing applicants.
2. Without prejudice to any specific conditions of detention as provided for in Articles 12 and 13, in relation to housing referred to in paragraph 1(a), (b) and (c) of this Article, Member States shall ensure that:
(a)
applicants are guaranteed protection of their family life;
(b)
applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing UNHCR and other relevant national, international and non-governmental organisations and bodies;
(c)
family members, legal advisers or counsellors, persons representing UNHCR and relevant non-governmental organisations recognised by the Member State concerned are granted access to the housing provided in order to assist the applicants; limits on such access may be imposed only on grounds relating to the security of the premises and of the applicants.
3. Member States shall take into consideration gender and age-specific concerns and the situation of applicants with special reception needs when providing material reception conditions.
4. When providing housing in accordance with paragraph 1, Member States shall take appropriate measures to ensure, as far as possible, the prevention of assault and violence, including violence committed with a sexual, gender, racist or religious motive.
5. Where female applicants are placed in accommodation centres, Member States shall provide separate sanitary facilities and a safe place in those centres for them and their minor children.
6. Member States shall, as far as possible, ensure that dependent adult applicants with special reception needs are accommodated together with close adult relatives who are already present in the same Member State and who are responsible for them whether by the law or practice of the Member State concerned.
7. Member States shall ensure that transfers of applicants from one housing facility to another take place only when necessary. Member States shall provide for the possibility for applicants to inform their legal advisers or counsellors of the transfer and of their new address.
8. Persons providing material reception conditions, including those providing health care and education in accommodation centres, shall be adequately trained and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work.
9. Member States may involve applicants in managing the material resources and non-material aspects of life in the accommodation centre through an advisory board or council representing residents. Without prejudice to Article 17, Member States may also allow applicants to perform voluntary work outside the accommodation centre subject to conditions of national law.
10. In duly justified cases and for a reasonable period of time which shall be as short as possible, Member States may exceptionally provide material reception conditions that are different from those provided for in this Article where:
(a)
an assessment of special reception needs of the applicant is required, in accordance with Article 25;
(b)
housing capacities normally available are temporarily exhausted or, due to a disproportionate number of persons to be accommodated or a man-made or natural disaster, housing capacities normally available are temporarily unavailable.
Different material reception conditions referred to in the first subparagraph of this paragraph shall in any event ensure access to health care in accordance with Article 22 and a standard of living for all applicants in accordance with Union law, including the Charter, and international obligations.
Where a Member State provides different material reception conditions in accordance with the first subparagraph of this paragraph, that Member State shall inform without delay the Commission and the Asylum Agency in accordance with Article 32(2) on the activation of its contingency plan. That Member State shall also inform the Commission and the Asylum Agency as soon as the reasons for providing those different material conditions have ceased to exist.
Reception conditions in a Member State other than the one in which the applicant is required to be present
From the moment applicants have been notified of a decision to transfer them to the Member State responsible in accordance with Regulation (EU) 2024/1351, they shall not be entitled to the reception conditions set out in Articles 17 to 20 of this Directive in any Member State other than the one in which they are required to be present in accordance with Regulation (EU) 2024/1351. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter, and international obligations.
Unless a separate decision is issued, the transfer decision shall state that the relevant reception conditions have been withdrawn in accordance with this Article. The applicant shall be informed of his or her rights and obligations with regard to that decision.
1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) 2024/1351, receive the necessary health care, whether provided by generalists or, where needed, specialist practitioners. Such necessary health care shall be of adequate quality and include, at least, emergency care, essential treatment of illnesses, including of serious mental disorders, and sexual and reproductive health care which is essential in addressing a serious physical condition.
2. Member States shall ensure that the minor children of applicants and applicants who are minors receive the same type of health care as provided to their own nationals who are minors. Member States shall ensure that specific treatment provided in accordance with this Article which started before the minor reached the age of majority and is considered to be necessary, is received without interruption or delay after the minor reaches the age of majority.
3. Where needed for medical reasons, Member States shall provide necessary medical or other assistance, such as necessary rehabilitation and assistive medical devices, to applicants who have special reception needs, including appropriate mental health care.
