Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down standards for the reception of applicants for international protection (recast)
Date: 2016-07-13
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, aid to refugees, foreign national, refugee, right of asylum, stateless person, third country

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   EUROPEAN COMMISSION  Brussels, 13.7.2016  COM(2016) 465 final 2016/0222 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down standards for the reception of applicants for international protection (recast)  
 
EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

 

Context and reasons for the proposal 

The EU is working towards an integrated, sustainable and holistic EU migration policy based 
on  solidarity  and  fair  sharing  of  responsibilities  and  which  can  function  effectively  both  in 
times  of  calm  and  crisis.  Since  the  adoption  of  the  European  Agenda  on  Migration1,  the 
European  Commission  has  been  working  to  implement  measures  to  address  both  the 
immediate  and  the  long-term  challenges  of  managing  migration  flows  effectively  and 
comprehensively. 

The  Common  European  Asylum  System  is  based  on  rules  determining  the  Member  State 
responsible  for  applicants  for  international  protection  (including  an  asylum  fingerprint 
database),  common  standards  for  asylum  procedures,  reception  conditions,  the  recognition 
and  protection  of  beneficiaries  of  international  protection.  In  addition,  a  European  Asylum 
Support  Office  supports  Member  States  in  the  implementation  of  the  Common  European 
Asylum System.  

Notwithstanding  the  significant  progress  that  has  been  made  in  the  development  of  the 
Common European Asylum System, there are still notable differences between the Member 
States  in  the  types  of  procedures  used,  the  reception  conditions  provided  to  applicants,  the 
recognition rates and the type of protection granted to beneficiaries of international protection. 
These  divergences  contribute  to  secondary  movements  and  asylum  shopping,  create  pull 
factors,  and  ultimately  lead  to  an  uneven  distribution  among  the  Member  States  of  the 
responsibility to offer protection to those in need.  

Recent  large  scale  arrivals  have  shown  that  Europe  needs  an  effective  and  efficient  asylum 
system able to assure a fair and sustainable sharing of responsibility between Member States, 
to  provide  sufficient  and  decent  reception  conditions  throughout  the  EU,  to  process  quickly 
and  effectively  asylum  claims  lodged  in  the  EU,  and  to  ensure  the  quality  of  the  decisions 
made  so  that  those  who  are  in  need  of  international  protection  effectively  obtain  it.  At  the 
same time, the EU needs to address irregular and dangerous movements and put an end to the 
business model of smugglers. To this end asylum applications of those who are not entitled to 
international protection must on the one hand be dealt with quickly and these migrants must 
then  be  returned  quickly.  On  the  other  hand,  safe  and  legal  ways  to  the  EU  for  those  from 
third countries who need protection need to be opened. This is also part of a wider partnership 
with priority countries of origin and transit. 

On 6 April 2016, the Commission set out its priorities for a structural reform of the European 
asylum  and  migration  framework  in  its  Communication  'Towards  a  reform  of  the  Common 
European  Asylum  System  and  enhancing  legal  avenues  to  Europe'2,  outlining  the  different 
steps to be taken towards a more humane, fair and efficient European asylum policy as well as 
a better managed legal migration policy. 

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COM(2015) 240 final. 
COM(2016) 197 final. 

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On  4  May  2016,  the  Commission  presented  a  first  set  of  proposals  to  reform  the  Common 
European  Asylum  System  delivering  on  three  priorities  identified  in  its  Communication: 
establishing  a  sustainable  and  fair  Dublin  system  for  determining  the  Member  State 
responsible  for  examining  asylum  applications3,  reinforcing  the  Eurodac  system  to  better 
monitor  secondary  movements  and  facilitate  the  fight  against  irregular  migration4  and 
establishing a genuine European Union Agency for Asylum to ensure the well-functioning of 
the European asylum system5. 

These  proposals  were  the  first  building  blocks  to  reform  the  structure  of  the  Common 
European Asylum System.  

With the second package, the Commission is completing the reform of the Common European 
Asylum  System  by  adopting  four  additional  proposals:  a  proposal  replacing  the  Asylum 
Procedures  Directive  with  a  Regulation6,  harmonising  the  current  disparate  procedural 
arrangements  in  all  Member  States  and  creating  a  genuine  common  procedure;  a  proposal 
replacing  the  Qualification  Directive7  with  a  Regulation8,  setting  uniform  standards  for  the 
recognition  of  persons  in  need  of  protection  and  the  rights  granted  to  beneficiaries  of 
international protection as well as a proposal revising the Reception Conditions Directive9 to 
further  harmonise  reception  conditions  in  the  EU,  increase  applicants'  integration  prospects 
and  decrease  secondary  movements.  Finally,  following-up  on  the  commitment  to  enhance 
legal avenues to the EU as announced on 6 April 2016, the Commission is also proposing a 
structured  Union  resettlement  framework,  moving  towards  a  more  managed  approach  to 
international  protection  within  the  EU,  ensuring  orderly  and  safe  pathways  to  the  EU  for 
persons  in  need  of  international  protection,  with  the  aim  of  progressively  reducing  the 
incentives for irregular arrivals10. 

These  proposals  are  an  indispensable  part  of  the  comprehensive  reform  of  the  Common 
European  Asylum  System  and  are  closely  interlinked.  With  this  second  stage  of  legislative 
proposals  reforming  the  asylum  acquis,  all  the  elements  required  to  put  in  place  a  solid, 
coherent and integrated Common European Asylum System, based on common, harmonised 
rules that are both effective and protective, fully in line with the Geneva Convention, are now 
on the table. 

The Common European Asylum System that we are further developing is both effective and 
protective  and  is  designed  to  ensure  full  convergence  between  the  national  asylum  systems, 
decreasing incentives for secondary movements, strenghtening mutual trust between Member 
States and leading overall to a well functioning Dublin system. 

It  guarantees  that  asylum  seekers  are  treated,  wherever  they  are  in  the  EU,  in  an  equal  and 
appropriate manner. It provides for the tools needed to ensure quick identification of persons 
in  genuine  need  of  international  protection  and  return  of  those  who  do  not  have  protection 
needs. It is generous to the most vulnerable and strict towards potential abuse, while always 

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COM(2016)) 270 final. 
COM(2016) 272 final. 
COM(2016) 271 final. 
L OJ 180, 29.6.2013, p. 60. 
L OJ 337, 20.12.2011, p. 9. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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respecting  fundamental  rights.  The  common  system  is  finally  cost-effective  and  flexible 
enough to adapt to the complex challenges Member States have in this area.  

Objectives of the present proposal 

As part of this second set of asylum policy reforms, the Commission is proposing a recast of 
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying 
down standards for the reception of applicants for international protection11.  

The Reception Conditions Directive provides for minimum harmonisation of standards for the 
reception of applicants for international protection in the EU. Reception conditions however 
continue  to  vary  considerably  between  Member  States  both  in  terms  of  how  the  reception 
system is organised and in terms of the standards provided to applicants.  

The  migratory  crisis  has  exposed  the  need  to  ensure  greater  consistency  in  reception 
conditions across the EU and the need for Member States to be better prepared to deal with 
disproportionate  numbers  of  migrants.  There  are  wide  divergences  in  the  level  of  reception 
conditions provided by the Member States. In some Member States, there have been persistent 
problems in ensuring adherence to the reception standards required for a dignified treatment 
of applicants, while in others the standards provided are more generous. This has contributed 
to secondary movements and has put pressure on certain Member States in particular.  

In view of this, this proposal aims to: 

(1) 

(2) 

Further harmonise reception conditions in the EU. This will both ensure that the 
treatment  of  applicants  is  dignified  across  the  EU,  in  accordance  with  fundamental 
rights  and  rights  of  the  child,  including  in  Member  States  where  there  have  been 
persistent  problems  in  ensuring  such  dignified  treatment,  and  reduce  reception-
related  incentives  for  applicants  to  move  irregularly  to  and  within  the  EU,  in 
particular  to  Member  States  where  reception  conditions  are  generally  of  a  high 
standard.  It  will  also  contribute  to  a  fairer  distribution  of  applicants  between  the 
Member States.  This  will in particular be done by requiring Member States to take 
into account operational standards and indicators on reception conditions developed 
at  EU  level  and  by  requiring  Member  States  to  have  contingency  plans  ready  to 
ensure the adequate reception of applicants in cases where they are confronted with a 
disproportionate number of applicants. 

Reduce incentives for secondary movements. To ensure an orderly management of 
migration flows, facilitate the determination of the Member State responsible and to 
prevent  secondary  movements,  it  is  essential  that  the  applicants  remain  in  the 
Member State which is responsible for them and do not abscond. This obligation on 
applicants  is  set  out  in  the  proposed  reform  of  the  Dublin  Regulation.  The 
introduction of more targeted restrictions to the applicants' freedom of movement and 
strict  consequences  when  such  restrictions  are  not  complied  with  will  contribute  to 
more  effective  monitoring  of  the applicants'  whereabouts.  Further  harmonisation  of 
possibilities to assign a specific place of residence to applicants, to impose reporting 
obligations  and  to  provide  material  reception  conditions  only  in  kind  is  also 
necessary to create a more predictable situation for applicants, to ensure that they are 
accounted  for  regardless  of  which  Member  State  they  are  present  in  and  to  deter 

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OJ L 180, 29.6.2013, p. 96. 

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(3) 

them  from  absconding.  This  applies  in  particular  in  three  situations  namely  where: 
the applicant did not make an application for international protection in the Member 
State  of  first  irregular  entry  or  legal  entry;  the  applicant  has  absconded  from  the 
Member State in which he or she is required to be present, and the applicant has been 
sent back to the Member State where he or she is required to be present after having 
absconded to another Member State. 

Increase  applicants'  self-reliance  and  possible  integration  prospects. Except  for 
those  whose  applications  are  likely  to  be  rejected,  applicants  should,  as  quickly  as 
possible,  be  allowed  to  work  and  earn  their  own  money,  even  whilst  their 
applications are being processed. This helps to reduce their dependency and allows 
for better prospects for eventual integration of those who will ultimately be granted 
protection.  The  time-limit  for  access  to  the  labour  market  should  therefore  be 
reduced from no later than nine months to no later than six months from the lodging 
of  the  application.  This  aligns  the  applicants'  access  to  the  labour  market  with  the 
duration  of  the  examination  procedure  on  the  merits.  Member  States  are  also 
encouraged to grant access to the labour market no later than three months from the 
lodging of the application where the application is likely to be well-founded. Access 
to  the  labour  market  should  be  in  full  compliance  with  labour  market  standards, 
which should also help to avoid distortions in the labour market. Further limiting the 
current  wide  discrepancies  between  Member  States'  rules  on  access  to  the  labour 
market is also essential in order to reduce employment-related asylum-shopping and 
incentives for secondary movements.  

 

Consistency with existing policy provisions in the policy area 

This  proposal  for a recast of the Reception Conditions Directive is fully consistent with the 
first proposals  to  reform the Common European Asylum  System presented on 4 May  2016, 
and  with  the  proposals  for  reforming  the  Asylum  Procedures  and  Qualification  Directives, 
which would include their transformation into Regulations, as well as with the proposal for a 
structured Union resettlement framework. 

According  to  the  Commission's  proposal  for  a  recast  of  the  Dublin  III  Regulation,  when  an 
applicant is not in the Member State where he or she is required to be present, the applicant 
should  not  be  entitled  to  the  full  material  reception  conditions  provided  for  under  this 
Directive.  The  Dublin  proposal  in  this  way  impacts  the  application  of  the  Reception 
Conditions Directive and corresponding changes to this Directive are necessary and have been 
proposed.  

The Commission's proposal for a recast of the Dublin III Regulation also refers to the fact that 
all applicants, wherever they are present, have the right to emergency health care. In practice, 
Member  States  typically  consider  that  essential  treatment  of  illnesses,  including  of  serious 
mental  disorders  as  granted  under  the  Reception  Conditions  Directive,  corresponds  to  the 
concept of 'emergency health care'. In view of this, this proposal is fully consistent with the 
Commission's proposal for a recast of the Dublin III Regulation. 

Based  on  the  work  already  started  by  the  European  Asylum  Support  Office  (EASO),  the 
European  Union  Agency  for  Asylum  will  monitor  and  assess  Member  States'  asylum  and 
reception systems.  

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The  proposal  for  a  recast  of  the  Reception  Conditions  Directive  will  ensure  that  asylum 
applicants remain available throughout the asylum procedure to ensure a timely and effective 
assessment of their claim and will therefore contribute to the effective implementation of the 
proposed Asylum Procedures and Qualification Regulations. 

 

Consistency with other Union policies 

This  proposal  is  consistent  with  the  comprehensive  long-term  policy  on  better  migration 
management  as  set  out  by  the  Commission  in  the  European  Agenda  on  Migration12,  which 
developed  President  Juncker's  Political  Guidelines  into  a  set  of  coherent  and  mutually 
reinforcing  initiatives  based  on  four  pillars.  Those  pillars  consist  of  reducing  incentives  for 
irregular migration, securing the Union's external borders and saving lives, as well as ensuring 
a strong asylum policy and a new policy on legal migration.  

This  proposal,  which  further  implements  the  European  Agenda  on  Migration  as  regards  the 
objective  of  strengthening  the  Union's  asylum  policy,  should  be  seen  as  part  of  the  broader 
policy  at  EU  level  towards  building  a  robust  and  effective  system  for  sustainable migration 
management for the future that is fair for host societies and EU citizens as well as for the third 
country nationals concerned and countries of origin and transit. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

 

Legal basis 

This proposal recasts the Reception Conditions Directive and should therefore be adopted on 
the  same  legal  basis,  namely  Article  78,  second  paragraph,  point  (f)  of  the  Treaty  on  the 
Functioning  of  the  European  Union  (TFEU),  in  accordance  with  the  ordinary  legislative 
procedure. 

 

Variable geometry 

In  accordance  with  Protocol  No  21  on  the  position  of  the  United  Kingdom  and  Ireland  in 
respect  of  the  Area  of  Freedom,  Security  and  Justice,  annexed  to  the  Treaty  on  European 
Union (TEU) and to the TFEU, the United Kingdom and Ireland may decide to take part in 
the adoption and application of measures establishing a Common European Asylum System. 

In this respect, the United Kingdom has given notice of its wish to take part in the adoption 
and application of Directive 2003/9/EC and of its decision not to participate in the adoption of 
Directive 2013/33/EU. Ireland has decided neither to participate in the adoption of Directive 
2003/9/EC  nor  in  the  adoption  of  Directive  2013/33/EU.  Consequently,  the  provisions  of 
Directive  2003/9/EC  apply  to  the  United  Kingdom,  while  the  provisions  of  the  current 
Directive do not apply to either the United Kingdom or Ireland. 

The positions of the United Kingdom and Ireland with regard to the previous directives do not 
affect  their  possible  participation  in  the  adoption  and  application  of  the  new  directive.  The 
participation  of  the  United  Kingdom  and  Ireland  will  be  determined  in  the  course  of  the 
negotiations and in accordance with Protocol No 21, referred to above.  

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COM(2015) 240 final. 

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In accordance with Protocol No 22 on the position of Denmark, annexed to the TEU and to 
the TFEU, Directive 2003/9/EC and Directive 2013/33/EU are not binding on Denmark nor is 
Denmark subject to their application. 

 

Subsidiarity 

Despite the achievement of an important level of harmonisation by the adoption of Directives 
2003/9/EC  and  2013/33/EU,  reception  conditions  still  vary  considerably  between  Member 
States.  Large  differences  in  reception  conditions  between  the  Member  States  and  a  lack  of 
operational  standards  for  a  dignified  treatment  of  applicants  contributes  to  reception-related 
asylum shopping and secondary movements of applicants within the EU and puts pressure on 
certain Member States in particular. More equal reception standards set at an appropriate level 
across all Member States will contribute to a more dignified treatment and fairer distribution 
of applicants across the EU. Further EU action is therefore needed to ensure a sufficient level 
of harmonisation to meet the stated objectives. 

 

Proportionality 

The  proposed  changes  to  the  Reception  Conditions  Directive  are  limited  and  targeted  to 
addressing  the  objectives  of  ensuring  that  the  treatment  of  applicants  is  dignified  across  the 
EU, in accordance with fundamental rights and rights of the child, and reducing reception and 
integration-related  incentives  for  migrants  to  move  irregularly  to  and  within  the  EU,  while 
taking  into  account  the  significant  differences  in  Member  States'  social  and  economic 
conditions. 

Changes  to  the  Reception  Conditions  Directive  are  only  proposed  in  areas  where  further 
harmonisation  will  have  significant  impacts,  such  as  in  relation  to  provisions  dealing  with 
material  reception  standards,  measures  to  ensure  that  applicants  remain  available  to  the 
competent  authorities  and  do  not  abscond  as  well  as  rights  and  obligations  relevant  to  the 
effective integration of applicants into the Member States' host societies. 

The proposal clarifies that, in all cases where Member States decide to restrict the freedom of 
movement of an applicant, place him or her in detention or require the applicant to cover or 
contribute to the material reception conditions, the Member State needs to take into account 
the particular situation of the person concerned, including any special reception needs, and the 
principle of proportionality. 

 

Choice of the instrument 

A  recast  of  the  Reception  Conditions  Directive  together  with  an  extended  mandate  for  the 
European  Union  Agency  for  Asylum  to  promote  a  uniform  implementation  of  reception 
standards  in  practice  is  considered  sufficient  in  order  to  meet  the  objectives  of  further 
harmonising  Member  States'  reception  conditions  and  applicants'  integration  prospects  and 
reducing reception-related incentives for migrants to move irregularly to and within the EU. 
Considering  the  current  significant  differences  in  Member  States'  social  and  economic 
conditions,  it  is  not  considered  feasible  or  desirable  to  fully  harmonise  Member  States' 
reception conditions. 

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RESULTS  OF  STAKEHOLDER  CONSULTATIONS  AND  COLLECTION  OF 
EXPERTISE  

 

Stakeholder consultations 

With its Communication of 6 April 2016, towards a reform of the Common European Asylum 
System  and  enhancing  legal  avenues  to  Europe,  the  Commission  launched  a  broad  debate. 
Since  its  adoption,  there  have  been  exchanges  of  views  on  the  initiatives  proposed  in  the 
Communication both in the European Parliament (in the LIBE Committee on 21 April 2016) 
and  in  the  Council.  The  Communication  has  also  been  the  subject  of  extensive  discussions 
among  social  partners,  specialised  NGOs,  intergovernmental  organisations  and  other 
stakeholders. 

In  May  2016,  the  Commission  consulted  the  Member  States  and  other  interested  parties 
(including NGOs and international organisations, such as the UNHCR) on its main ideas for 
the  reform  as  set  out  in  a  discussion  paper.  In  June  2016,  the  Commission  also  had  an 
informal  exchange  of  views  with  the  European  Parliament.  All  consulted  parties  had  an 
opportunity  to  provide  written  comments.  The  main  outcome  of  the  targeted  stakeholder 
consultation can be summarised as follows: 

– 

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Further harmonise reception conditions in the EU: Most Member States were in 
favour  of  further  harmonising  reception  conditions  in  the  EU.  Among  the  other 
parties consulted, some stakeholders, including some representatives of the European 
Parliament,  were  however  wary  that  further  harmonisation  could  lead  to  an 
unwelcome  lowering  of  reception  standards  and  pointed  to  the  need  to  respect 
fundamental  rights  and  international  obligations.  All  stakeholders  agreed  that 
Member States need to be allowed to grant more favourable conditions to applicants 
than  those  provided  for  under  the  Reception  Conditions  Directive.  One  particular 
challenge  that  was  identified  was  the  ambiguity  as  to  what  'dignified  standards  of 
living' means in the Reception Conditions Directive.  In this respect, the operational 
standards and indicators on reception conditions in the EU, which EASO has started 
to develop at the Commission's initiative, were widely supported, together with the 
need for further monitoring, enforcement and contingency planning. 

Reduce  reception-related  incentives  to  secondary  movements:  The  Member 
States  were  generally  positive  towards  the  idea  of  a  more  harmonised  approach  to 
measures, such as restrictions on the applicants' freedom of movement, for ensuring 
that  applicants  remain  available  to  the  authorities  and  do  not  abscond.  While  a 
number of Member States agreed that the provision of material reception conditions 
should be conditioned on stay in the Member State where the applicant is required to 
be  present,  Member  States  were  more  divided  over  whether  material  reception 
conditions  should  in  some  circumstances  be  provided  only  in  kind.  Other 
stakeholders, including some representatives of the European Parliament, questioned 
the  utility  of  such  measures  and  considered  that  incentives  for  applicants  to  stay 
would be a more effective way of ensuring the same objective (family reunification, 
access to the labour market etc.).  

Increase applicants' integration prospects: Most stakeholders, including Member 
States and representatives of the European Parliament, agreed that it would be useful 
to  revisit  the  Reception  Conditions  Directive's  provision  concerning  the  conditions 
for  applicants'  access  to  the  labour  market  as  a  means  to  increase  integration 
prospects  for  applicants.  Some  Member  States  had  recent  positive  experience  with 

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reducing  time  limits  for  access  to  the  labour  market.  According  to  several 
stakeholders,  harmonising  and  shortening  the  time  limits  for  access  to  the  labour 
market  is  important  but  the  effects  should  not  be  overestimated  as  other  hurdles  to 
effective access are significant (including recognition of qualifications, in particular 
for applicants who lack documents).  

EU  benchmark  for  determining  the  level  of  financial  support  provided  to 
applicants:  Most  stakeholders  were  hesitant  towards  introducing  a  common  EU 
benchmark for determining the level of financial support provided to applicants. This 
possibility  was  nevertheless  thoroughly  assessed.  It  was  concluded  that  it  is  not 
possible to introduce such a common benchmark, mainly because (a) most Member 
States do not provide material reception conditions through financial support only as 
they prefer to provide reception conditions in kind or via a combination of financial 
support  and  in  kind  benefits,  and  (b)  the  financial  support  currently  provided  to 
applicants  is  in  most  cases  well  below  all  the  possible  benchmarks  or  thresholds 
examined  (at-risk-of-poverty  threshold,  severely  materially  deprived  threshold,  and 
minimum income threshold). Harmonising the support levels would therefore entail 
raising the level of support in many Member States, in some cases quite significantly, 
in particular in those Member States with already a comparably high level of support, 
and  could  in  some  cases  result  in  more  favourable  treatment  being  given  to 
applicants than to Member States' nationals facing destitution or who are otherwise 
economically disadvantaged.  

 

Collection and use of expertise 

EASO  has  been  tasked  with  developing  operational  standards  and  indicators  on  reception 
conditions.  It  is  proposed  that  Member  States  should  take  these  operational  standards  and 
indicators  into  account  when  putting  in  place  relevant  mechanisms  to  ensure  appropriate 
guidance, monitoring and control of their reception conditions. For the purpose of developing 
the  operational  standards  and  indicators,  EASO  conducted  in  spring  2016  a  reception 
conditions  mapping  exercise,  where  Member  States  provided  detailed  information  on  their 
approach to the provision of reception conditions. The resulting report, to which 26 Member 
States and Associated States provided input13, has informed the development of this proposal. 
The relevant results of the report can be summarised as follows: 

– 

– 

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Further  harmonise  reception  conditions  in  the  EU:  The  definition  of  material 
reception conditions varies considerably in the Member States, from a rather limited 
definition in some Member States  to definitions that  go well beyond  the  Reception 
Conditions  Directive  in  others,  including  sanitary  items.  Most  Member  States 
provide  a  combination  of  different  forms  of  material  reception  conditions,  such  as 
both in kind and in the form of financial allowances or vouchers. In some Member 
States,  material  reception  conditions  are  only  provided  in  kind.  The  modalities  for 
the  provision  of  material  reception  conditions  vary  depending  on  what  is  provided 
(housing,  food,  clothing  etc.)  or  to  whom  (applicants  with  special  reception  needs 
and the stage of the asylum procedure).  

Reduce  reception-related  incentives  to  secondary  movements:  The  majority  of 
Member  States  do  not  restrict  applicants'  movements  to  assigned  areas  but  allow 

Belgium, Bulgaria, Switzerland, Czech Republic, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, 
Latvia,  Lithuania,  Luxembourg,  Hungary,  Malta,  Netherlands,  Norway,  Austria,  Poland,  Portugal, 
Romania, Slovenia, Slovakia, Finland, and Sweden. 

EN 

8 

   EN 

 
                                                 
them to move freely within their territory. A number of Member States nevertheless 
assign a particular place of residence to applicants, typically in order to organise their 
reception  system.  They  usually  take  into  account  the  population,  the  social  and 
economic  situation,  the  capacity  of  the  reception  centres  or  the  needs  of  individual 
applicants. Most Member States make the provision of material reception conditions 
subject  to  the  applicants'  residence  in  a  specific  place,  usually  by  limiting  the 
provision  of  material  reception  conditions  to  reception  centres. Member  States  also 
frequently  use  reporting  obligations  to  monitor  the  applicants'  whereabouts.  Such 
reporting  obligations  are  used  both  when  the  applicants  reside  in  a  designated 
reception  centre  and  when  they  have  private  accommodation.  The  practices  and 
reasons  for  reducing  or  withdrawing  material  reception  conditions  also  vary 
considerably between Member States. One of the most common reasons for reducing 
or  withdrawing  reception  conditions  is  that  the  applicant  has  abandoned  his  or  her 
place of residence.  

Increase  applicants'  integration  prospects:  Almost  all  Member  States  give 
applicants  access  to  the  labour  market  during  the  asylum  procedure.  However,  the 
time  frame  after  which  access  to  employment  is  granted  varies  considerably  from 
one Member State to another (from within one month in some Member States to after 
nine  months  in  others).  The  majority  of  Member  States  do  not  apply  any  specific 
restrictions  with  regard  to  the  applicants'  access  to  the  labour  market.  Only  a  few 
Member States apply a labour market test.  

– 

In  addition,  since  the  adoption  of  the  Reception  Conditions  Directive  in  2013,  the 
Commission has organised a series of Contact Committee meetings to discuss with Member 
States' experts challenges they face with regard to the transposition and implementation of the 
Directive.  The  conclusions  reached  during  the  Contact  Committees  have  also  informed  the 
current proposal.  

 

Rights 

This proposal was made subject to an in-depth scrutiny to make sure that its provisions are in 
full  compatibility  with  fundamental  rights  and  general  principles  of  Union  law,  as  provided 
for  in  the  Charter  of  Fundamental  Rights  of  the  European  Union,  as  well  as  resulting  from 
obligations stemming from international law.  

The  proposed  changes  to  the  Reception  Conditions  Directive  underline  the  obligation  for 
Member  States  to  take  into  account  operational  standards  and  indicators  for  reception 
conditions  developed  at  the  EU  level  when  monitoring  and  controlling  their  reception 
systems. It also clarifies that applicants are in all circumstances entitled to health care under 
the Reception Conditions Directive and to a dignified standard of living.  

The proposal ensures that reception conditions are adapted to the specific situation of minors, 
whether  unaccompanied  or  within  families,  with  due  regard  to  their  security,  physical  and 
emotional care and are provided in a manner that encourages their general development. The 
proposal  also  takes  into  account  Member  States  obligations  under  the  Council  of  Europe 
Convention  on  preventing  and  combating  violence  against  women  and  domestic  violence 
(Istanbul Convention)14. 

14 

In  view  of  providing  a  suitable  level  of  protection  to  women  who  have  been  subject  to  gender-based 
violence  and  in  the  light  of  the  Commission's  proposals  for  Council  decisions  for  the  signing  and 

EN 

9 

   EN 

 
 
 
                                                 
The  principle  of  non-discrimination  is  reinforced  by  obliging  Member  States  to  treat 
applicants  who  have  been  granted  access  to  the  labour  market  in  the  same  way  as  their 
nationals with regard to working conditions, freedom of association and affiliation, education 
and vocational training, the recognition of professional qualifications and social security. 

The  proposal  underlines  the  need  for  Member  States,  when  assessing  the  resources  of  an 
applicant,  when  requiring  an  applicant  to  cover  or  contribute  to  the  cost  of  the  material 
reception  conditions  or  when  asking  an  applicant  for  a  refund,  to  observe  the  principle  of 
proportionality, to take into account the individual behaviour and the particular circumstances 
of the applicant and the need to respect his or her dignity or personal integrity, including the 
applicant's special reception needs. 

All decisions restricting an applicant's freedom of movement need to be taken objectively and 
impartially, based on the individual behaviour and the particular circumstances of the person 
concerned,  with  due  regard  to  the  principle  of  proportionality.  The  applicant  has  to  be 
immediately informed in writing, in a language which he or she understands or is reasonably 
supposed  to  understand,  of  the  adoption  of  such  a  decision,  of  the  reasons  for  the  decision, 
and of the procedures for challenging the decision.  

Detention pursuant to the Reception Conditions Directive continues to be justified only when 
it proves necessary and on the basis of an individual assessment of each case and if other less 
coercive  alternative  measures  cannot  be  applied  effectively.  All  the  guarantees  already 
provided for in the current Directive regarding detention remain unchanged. Special care must 
be taken to ensure that the length of any detention is proportionate and that the detention is 
terminated  as  soon  as  the  applicable  ground  for  detention  under  the  Directive  is  no  longer 
present.  The  proposal  is  also  fully  compatible  with  Article  6  of  the  EU  Charter  of 
Fundamental  Rights,  read  in  the  light  of  Article  5  of  the  European  Convention  on  Human 
Rights  and  relevant  jurisprudence  of  the  Court  of  Justice  of  the  European  Union  and  the 
European  Court  of  Human  Rights.  In  application  of  Article  37  of  the  United  Nations 
Convention on the Rights of the Child, as a rule, minors should not be detained.  

BUDGETARY IMPLICATIONS 

This proposal does not impose any financial or administrative burden on the Union. Therefore 
it has no impact on the Union budget. 

OTHER ELEMENTS 

 

Implementation plans and monitoring, evaluation and reporting arrangements 

The Commission shall report on the application of this Directive to the European Parliament 
and to the Council within three years from its entry into force and every five years after that 
and  propose  any  amendments  that  are  necessary.  The  Member  States  shall  provide  the 
Commission with the necessary information for fulfilling its reporting obligation.  

conclusion  of  the  Istanbul  Convention,  a  gender-sensitive  approach  should  be  adopted  when 
interpreting and applying this Directive. 

EN 

10 

   EN 

 
 
 
 
 
 
 
 
 
                                                                                                                                                         
In  accordance  with  the  Commission's  proposal  for  a  Regulation  on  the  European  Union 
Agency  for  Asylum,  the  Agency  will  also  monitor  and  assess  Member  States'  asylum  and 
reception systems.  

 

Detailed explanation of the specific provisions of the proposal 

Explanations are only provided for the provisions which are changed by this proposal.  

1. 

– 

– 

– 

– 

– 

Further harmonisation of reception conditions in the EU 

Scope: The Reception Conditions Directive continues, as a general rule, to apply to 
all  third-country  nationals  and  stateless  persons  who  make  an  application  for 
international protection on the territory of any of the Member States, as long as they 
are allowed to remain on the territory as applicants and as soon as the application is 
made.  

An  exception  is  introduced  for  cases  where  an  applicant  is  irregularly  present  in 
another Member State than the one in which he or she is required to be present. In 
this situation, he or she is not entitled to material reception conditions, schooling and 
education  of  minors  as  well  as  employment  and  vocational  training.  The  proposal 
clarifies  that  applicants  will  however  always  be  entitled  to  health  care  and  to  a 
dignified  standard  of  living,  in  accordance  with  fundamental  rights,  to  cover  the 
applicant's subsistence and basic needs both in terms of physical safety, dignity and 
interpersonal relationships (Article 17a). However, in order to ensure respect for the 
fundamental rights of the child, Member States should provide minors with access to 
suitable educational activities pending the transfer to the Member State responsible. 

The  proposal  makes  it  clear  that  the  right  to  a  dignified  treatment  applies  also  in 
cases  where  a  Member  State,  in  duly  justified  cases,  is  exceptionally  applying 
different  standards  of  material  reception  conditions  from  the  one  required  by  the 
Reception  Conditions  Directive.  The  proposal  also  requires  the  Member  States  to 
inform the Commission and the European Union Agency for Asylum when resorting 
to such exceptional measures and when such measures have ceased to exist (Article 
17(9)).  

The definition of family members is extended by including family relations which 
were formed after leaving the country of origin but before arrival on the territory of 
the  Member  State  (Article  2(3)).  This  reflects  the  reality  of  migration  today  where 
applicants often stay for long periods of time outside their country of origin before 
reaching the EU, such as in refugee camps. The extension is expected to reduce the 
risk of irregular movements or absconding for persons covered by the extended rules.  

The  proposal  requires  Member  States  to  take  into  account  operational  standards 
and indicators on reception conditions currently being developed by EASO, when 
monitoring and controlling their reception systems (Article 27). The European Union 
Agency  for  Asylum  will  be  assisted  by  the  Member  State  Network  of  Reception 
Authorities  when  implementing  its  tasks  under  this  proposal,  including  the 
development of templates, practical tools, indicators and guidance.  

The proposal obliges Member States to draw up, and regularly update, contingency 
plans setting out the measures foreseen to be taken to ensure adequate reception of 
applicants  in  cases  where  the  Member  State  is  confronted  with  a  disproportionate 
number of applicants (Article 28). The proposal also requires the Member States to 
inform the Commission and the European Union Agency for Asylum whenever their 

EN 

11 

   EN 

 
 
– 

– 

2. 

– 

– 

– 

contingency  plan  is  activated.  The  monitoring  and  assessment  of  the  contingency 
plans  should  take  place  in  accordance  with  the  procedure  for  monitoring  and 
assessing Member States' asylum and reception systems foreseen to be implemented 
by the European Union Agency for Asylum. 

The  proposal  clarifies  that  persons  with  special  reception  needs  are  persons  who 
are in need of special guarantees in order to benefit from the rights and comply with 
the  obligations  provided  for  in  the  Reception  Conditions  Directive,  regardless  of 
whether  these  persons  are  considered  vulnerable  (Article  2(13)).  The  proposal  also 
includes more detailed rules for assessing, determining, documenting and addressing 
applicants' special reception needs as soon as possible and throughout the reception 
period.  This  includes  the  need  for  personnel  of  the  relevant  authorities  to  be 
adequately and continuously trained, and an obligation to refer certain applicants to a 
doctor  or  psychologists  for  further  assessment.  It  has  been  clarified  that  the 
assessment may be integrated into existing national procedures or into the assessment 
undertaken to identify applicants with special procedural needs (Article 21).  

The  proposal  introduces  stricter  time  limits,  within  five  working  days  from  the 
moment the application was  made,  for the Member  States to  assign a guardian to 
represent and assist an unaccompanied minor. It is also proposed that the number 
of unaccompanied minors that guardians may be in charge of should not render them 
unable  to  perform  their  tasks.  Member  States  should  monitor  that  their  guardians 
adequately  perform 
lodged  by 
unaccompanied  minors  against  their  guardian.  The  guardians  appointed  under  the 
proposed  Asylum  Procedures  Regulation  may  perform  the  task  of  the  guardians 
under this proposal (Article 23).  

tasks  and  should  review  complaints 

their 

Reducing reception-related incentives for secondary movements within the EU 

The  proposal  requires  Member  States  to  inform  applicants,  using  a  common 
template, as soon as possible and at the latest when they lodge their application, of 
any  benefits  and  obligations,  which  applicants  must  comply  with  in  relation  to 
reception  conditions,  including  the  circumstances  under  which  the  granting  of 
material reception conditions may be restricted (Article 5). 

The proposal does not change the fact that applicants may, as a general rule,  move 
freely within the territory of the Member State or within an area assigned to them 
by the Member State (Article 7(1)).  

However, for reasons of public interest or public order, for the swift processing and 
effective  monitoring  of  his  or  her  application  for  international  protection,  for  the 
swift processing and effective monitoring of his or her procedure for determining the 
Member  State  responsible  in  accordance  with  the  Dublin  Regulation  or  in  order  to 
effectively  prevent  the  applicant  from  absconding,  the  proposal  requires  Member 
States, where necessary, to assign applicants a residence in a specific place, such 
as an accommodation centre, a private house, flat, hotel or other premises adapted for 
housing applicants. Such a decision may be necessary in particular in cases where the 
applicant has not complied with his or her obligations, as follows:  

 

The  applicant  did  not  make  an  application  for  international  protection  in  the 
Member State of first irregular entry or legal entry. Applicants do not have the 
right to choose the Member State of application. An applicant must apply for 
international  protection  in  the  Member  State  of  first  irregular  entry  or  in  the 

EN 

12 

   EN 

 
 

 

Member  State  of  legal  entry.  Applicants  who  have  not  complied  with  this 
obligation  are,  following  a  determination  of  the  Member  State  responsible 
under the Dublin Regulation, less likely  to  be allowed to  stay in  the Member 
State where the application was made, which is supposedly the Member State 
of the applicant's personal choice, and are consequently probably more likely to 
abscond. 

The  applicant  has  absconded  from  the  Member  State  in  which  he  or  she  is 
required to be present. The applicant is required to be present in the Member 
State where the application was made or in the Member State to which he or 
she  was  transferred  in  accordance  with  the  Dublin  Regulation.  In  case  an 
applicant  has  absconded  from  this  Member  State  and,  without  authorisation, 
travelled  to  another  Member  State,  it  is  vital,  for  the  purpose  of  ensuring  a 
well-functioning  Common  European  Asylum  System  that  the  applicant  is 
swiftly  returned  to  the  correct  Member  State.  Until  such  a  transfer  has  taken 
place, there is a risk that the applicant will abscond and his or her whereabouts 
should therefore be closely monitored.  

The  applicant  has  been  sent  back  to  the  Member  State  where  he  or  she  is 
required  to  be  present  after  having  absconded  to  another  Member  State.  The 
fact that an applicant has previously absconded to another Member State is an 
important factor to consider when assessing whether there is a continuing risk 
that the applicant may abscond. To ensure that the applicant does not abscond 
again  and  remains  available  to  the  competent  authorities,  his  or  her 
whereabouts should be closely monitored. 

In  case  the  applicant  is  entitled  to  material  reception  conditions,  such  material 
reception conditions should also be provided subject to the applicant residing in this 
specific place (Article 7(2)).  

The proposal also requires Member States to oblige, where necessary, any applicant 
to regularly report to the authorities if there are reasons for considering that there 
is a risk that the applicant may abscond (Article 7(3)).  

In view of the serious consequences for applicants who have absconded or for whom 
it  has  been  assessed  that  there  is  a  risk  that  he  or  she  may  abscond,  the  proposal 
defines absconding as encompassing both a deliberate action to avoid the applicable 
asylum  procedures  and  the  factual  circumstance  of  not  remaining  available  to  the 
relevant authorities, including by leaving the territory where the applicant is required 
to be present (Article 2(10)). A risk of absconding is also defined as the existence of 
reasons  in  an  individual  case,  which  are  based  on  objective  criteria  defined  by 
national law, to believe that an applicant may abscond, in line with the definition in 
the Dublin III Regulation15 (Article 2(11)). 

It  has  been  explicitly  stated  that  all  decisions  restricting  an  applicant's  freedom  of 
movement need  to  be  based  on the  particular  situation of the  person concerned, 
taking  into  account  any  special  reception  needs  of  applicants  and  the  principle  of 
proportionality.  It  has  also  been  clarified  that  applicants  must  be  duly  informed  of 
such decisions and of the consequences of non-compliance (Article 7(7)-(8)).  

It  is  clarified  that  Member  States  should  only  provide  applicants  with  a  travel 
document  when  serious  humanitarian  reasons  arise.  It  has  been  added  that  travel 
documents  may  also  be  issued  in  case  of  other  imperative  reasons,  such  as,  for 

OJ L 180, 29.06.2013, p. 31. 

– 

– 

– 

– 

15 

EN 

13 

   EN 

                                                 
– 

– 

– 

– 

example,  when  applicants  have  been  granted  access  to  the  labour  market  and  are 
required to perform essential travel for work purposes. Travel documents should not 
be  issued  outside  of  these  exceptional  circumstances.  The  validity  of  travel 
documents  also  needs  to  be  limited  to  the  purpose  and  duration  needed  for  the 
reason  they  are  issued  (Article  6).  The  requirement  for  Member  States  to  provide 
applicants with a document stating his or her identity has been included in Article 29 
of the proposal for an Asylum Procedures Regulation.  

The definition of material reception conditions is extended by including non-food 
items,  which  reflects  the  material  reception  conditions  already  provided  in  many 
Member  States  and  underlines  the  importance  of  such  non-food  items,  such  as 
sanitary items (Article 2(7)).  

The  proposal  clarifies  that  accommodation,  food,  clothing  and  other  essential  non-
food  items  may  not  be  reduced  or  withdrawn.  Only  daily  allowances  may,  in 
certain  circumstances,  be  reduced  or,  in  exceptional  and  duly  justified  cases,  be 
withdrawn.  In  case  accommodation,  food,  clothing  and  other  essential  non-food 
items  are  provided  in  the  form  of  financial  allowances,  such  allowances  may  in 
certain  circumstances  be  replaced  by  reception  conditions  provided  in  kind 
(Article 19(1)). 

Four  new  circumstances  for  scaling  back  or  altering  the  form  of  material 
reception conditions have been added. Material reception conditions may be scaled 
back  or  altered  where  the  applicant  has:  seriously  breached  the  rules  of  the 
accommodation centre or behaved in a seriously violent way; not complied with the 
obligation to apply for international protection in the Member State of first irregular 
entry  or  of  legal  entry;  been  sent  back  after  having  absconded  to  another  Member 
State; or failed to attend compulsory integration measures (Article 19(1)).  

In order to tackle secondary movements and absconding of applicants, an additional 
detention ground has been added. In case an applicant has been assigned a specific 
place  of  residence  but  has  not  complied  with  this  obligation,  and  where  there  is  a 
continued risk that the applicant may abscond, the applicant may be detained in order 
to  ensure  the  fulfilment  of  the  obligation  to  reside  in  a  specific  place  (Article 
8(3)(c)).  As  in  the  case  of  detention  pursuant  to  any  other  ground  under  the 
Reception Conditions Directive, detention is only justified when it proves necessary 
and on the basis of an individual assessment of each case and if other less coercive 
alternative  measures  cannot  be  applied  effectively.  All  the  guarantees  already 
provided  for  in  the  current  Reception  Conditions  Directive  regarding  detention 
remain  unchanged.  Special  care  must  also  be  taken  to  ensure  that  the length  of  the 
detention is proportionate and that it ends as soon as there are no longer reasons for 
believing  that  the  applicant  will  not  fulfil  the  obligation  put  on  him  or  her.  The 
applicant  must  also  have  been  made  aware  of  the  obligation  in  question  and  the 
consequences of non-compliance.  

3. 

– 

Increasing  integration  prospects  for  applicants  in  the  EU  -  access  to  the  labour 
market 

The  proposal  reduces  the  time-limit  for  access  to  the  labour  market  from  no  later 
than nine months to no later than six months from the date when the application 
for  international  protection  was  lodged,  where  an  administrative  decision  on  the 
application has not been taken in accordance with the proposed Asylum Procedures 

EN 

14 

   EN 

 
Regulation and the delay cannot be attributed to the applicant (Article 15(1)(1)). This 
aligns  applicants'  access  to  the  labour  market  with  the  normal  duration  of  the 
examination  procedure  on  the  merits  in  accordance  with  the  proposed  Asylum 
Procedures  Regulation.  As  soon  as  an  applicant  is  granted  access  to  the  labour 
market  this  should  be  specifically  stated  on  his  or  her  identity  document  (Article 
15(5)).  

Earlier access to the labour market contributes to increased integration prospects for 
applicants  and  reduces  reception  costs,  in  particular  in  cases  where  international 
protection  is  likely  to  be  granted.  The  proposal  therefore  allows  Member  States  to 
grant  access  earlier.  Member  States  are  encouraged  to  grant  access  no  later  than 
three months from the lodging of the application where the application is likely to 
be well-founded, including when its examination has for this reason been prioritised.  

On the other hand, the proposal excludes from access to the labour market applicants 
who are not expected to be recognised beneficiaries of international protection due to 
the  fact  that  their  applications  are  likely  to  be  unfounded  (Article  15(1)(2)).  An 
applicant  whose  application  is  being  examined  on  the  merits  in  an  accelerated 
procedure because the applicant has withheld relevant facts, or provided clearly false 
representations,  information  or  documentation,  has  made  an  application  merely  to 
delay  or  frustrate  a  return  decision,  is  from  a  safe  country  of  origin  or,  for  serious 
reasons,  is  considered  to  be  a  danger  to  national  security  or  public  order  in 
accordance  with  the  proposed  Asylum  Procedures  Regulation,  falls  into  this 
category.  

The proposal clarifies that access to the labour market, once granted, needs to be 
effective. If conditions effectively hinder an applicant from seeking employment, the 
access should not be considered effective. Labour market tests used to give priority 
to nationals or to other Union citizens or to third-country nationals legally resident in 
the Member State concerned should not hinder effective access for applicants to the 
labour market (Article 15). 

It  is  proposed  that,  once  granted  access  to  the  labour  market,  applicants  should  be 
entitled to a common set of rights based on equal treatment with nationals of the 
Member  State  similarly  as  other  third-country  nationals  who  are  working  in  the 
Union  (for  example  under  the  Single  Permit  Directive16  or  the  Seasonal  Workers 
Directive17). It has been specifically stated that the right to equal treatment does not 
give  rise  to  a  right  to  reside  in  cases  where  the  applicants'  application  for 
international protection has been rejected (Article 15(3)).  

Working  conditions  referred  to  in  the  proposal  cover  at  least  pay  and  dismissal, 
health and safety requirements at the workplace, working time and leave, taking into 
account  collective  agreements  in  force.  The  proposal  also  grants  applicants  equal 
treatment  as  regards  freedom  of  association  and  affiliation,  education  and 
vocational  training,  the  recognition  of  professional  qualifications  and  social 
security (Article 15(3)).  

The  proposal  makes  it  possible  to  limit  equal  treatment  concerning  education  and 
vocational  training  to  such  education  and  training  directly  linked  to  a  specific 
employment activity. Branches of social security are defined in Regulation (EC) No 
883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the 

OJ L 343, 23.12.2011, p. 1. 
OJ L 94, 28.3.2014, p. 375. 

– 

– 

– 

– 

– 

– 

16 
17 

EN 

15 

   EN 

                                                 
coordination of social security systems.18 The proposal also makes it possible to limit 
applicants'  equal  treatment  with  regard  to  family  benefits  and  unemployment 
benefits. Unemployed applicants are entitled to the reception conditions provided for 
in this Directive (Article 15(3)). 

18 

OJ L 166, 30.4.2004, p. 18. 

EN 

16 

   EN 

                                                 
 2013/33/EU 

2016/0222 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down standards for the reception of applicants for international protection 
(recast) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 78(2)(f) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee19, 
Having regard to the opinion of the Committee of the Regions20,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

19 
20 
21 
22 

 2013/33/EU recital 1 (adapted) 

A  number  of  substantive  changes   amendments   are  to  be  made  to  Council 
Directive  2003/9/EC  of  27  January  2003  laying  down  minimum  standards  for  the 
reception  of  asylum  seekers21   Directive  2013/33/EU  of  the  European  Parliament 
and of the Council22  . In the interests of clarity, that Directive should be recast.  

 2013/33/EU recital 2 (adapted) 

A  common  policy  on  asylum,  including  a  Common  European  Asylum  System, 
 (CEAS),  which  is  based  on  the  full  and  inclusive  application  of  the  Geneva 
Convention  Relating  to  the  Status  of  Refugees  of  28  July  1951,  as  supplemented  by 
the New York Protocol of 31 January 1967,  is a constituent part of the European 
Union’s  objective  of  progressively  establishing  an  area  of  freedom,  security  and 
justice open to those who, forced by circumstances, legitimately seek protection in the 
Union  , thus affirming the principle of non-refoulement . Such a policy should 

OJ C , , p. . 
OJ C , , p. . 
OJ L 31, 6.2.2003, p. 18. 
Directive  2013/33/EU  of  the  European  Parliament  and  of  the  Council  of  29  June  2013  laying  down 
standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96). 

EN 

17 

   EN 

 
 
 
                                                 
(3) 

(3) 

(4) 

(5) 

be governed by the principle of solidarity and fair sharing of responsibility, including 
its financial implications, between the Member States. 

 new 

The Common European Asylum System (CEAS) is based on a system for determining 
the Member State responsible for applicants for international protection and common 
standards  for  asylum  procedures,  reception  conditions  and  procedures  and  rights  of 
beneficiaries of international protection. Notwithstanding the significant progress that 
has  been  made  in  the  development  of  the  CEAS,  there  are  still  notable  differences 
between the Member States with regard to the types of procedures used, the reception 
conditions  provided  to  applicants,  the  recognition  rates  and  the  type  of  protection 
granted  to  beneficiaries  of  international  protection.  These  divergences  are  important 
drivers  of  secondary  movement  and  undermine  the  objective  of  ensuring  that  all 
applicants are equally treated wherever they apply in the Union. 

 2013/33/EU recital 3 (adapted) 

At its special meeting in Tampere on 15 and 16 October 1999, the European Council 
agreed to work towards establishing a Common European Asylum System, based on 
the full and inclusive application of the Geneva Convention Relating to the Status of 
Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 
1967  (‘the  Geneva  Convention’),  thus  affirming  the  principle  of  non-refoulement. 
The  first  phase  of  a  Common  European  Asylum  System  was  achieved  through  the 
adoption of relevant legal instruments, including Directive 2003/9/EC, provided for 
in the Treaties.  

 2013/33/EU recital 4 (adapted) 

The  European  Council,  at  its  meeting  of  4  November  2004,  adopted  The  Hague 
Programme,  which  set  the  objectives  to  be  implemented  in  the  area  of  freedom, 
security and justice in the period 2005-2010. In this respect, The Hague Programme 
invited  the  European  Commission  to  conclude  the  evaluation  of  the  first-phase 
instruments  and  to  submit  the  second-phase  instruments  and  measures  to  the 
European Parliament and to the Council. 

 2013/33/EU recital 5 (adapted) 

The  European  Council,  at  its  meeting  of  10-11  December  2009,  adopted  the 
Stockholm  Programme,  which  reiterated  the  commitment  to  the  objective  of 
establishing by 2012 a common area of protection and solidarity based on a common 
asylum  procedure  and  a  uniform  status  for  those  granted  international  protection 
based on high protection standards and fair and effective procedures. The Stockholm 
Programme  further  provides  that  it  is  crucial  that  individuals,  regardless  of  the 
Member  State  in  which  their  application  for  international  protection  is  made,  are 
offered an equivalent level of treatment as regards reception conditions.  

EN 

18 

   EN 

 
 
 
 
(4) 

(5) 

(6) 

 new 

In  its  Communication  of  6  April  2016  entitled  'Towards  a  reform  of  the  Common 
European Asylum System and enhancing legal avenues to Europe',23 the Commission 
underlined  the  need  for  strengthening  and  harmonising  further  the  CEAS.  It  also  set 
out options for improving the CEAS, namely to establish a sustainable and fair system 
for  determining  the  Member  State  responsible  for  applicants  for  international 
protection,  to  reinforce  the  Eurodac  system,  to  achieve  greater  convergence  in  the 
Union asylum system, to prevent secondary movements within the Union and a new 
mandate  for  the  European  Union  Agency  for  Asylum.  This  answers  to  calls  by  the 
European  Council  on  18-19  February  201624  and  on  17-18  March  201625  to  make 
progress towards reforming the Union's existing framework so as to ensure a humane 
and  efficient  asylum  policy.  It  also  proposes  a  way  forward  in  line  with  the  holistic 
approach to migration set out by the European Parliament in its own initiative report of 
12 April 2016. 

Reception  conditions  continue  to  vary  considerably  between  Member  States  both  in 
terms of how the reception system is organised and in terms of the standards provided 
to applicants. The persistent problems in ensuring adherence to the reception standards 
required for a dignified treatment of applicants in some Member States has contributed 
to  a  disproportionate  burden  falling  on  a  few  Member  States  with  generally  high 
reception  standards  which  are  then  under  pressure  to  reduce  their  standards.  More 
equal  reception  standards  set  at  an  appropriate  level  across  all  Member  States  will 
contribute to a more dignified treatment and fairer distribution of applicants across the 
EU. 

 2013/33/EU recital 6 (adapted) 

  The  resources  of  the  European  Refugee   Asylum,  Migration  and  Integration  
Fund and of the European  Union Agency for  Asylum Support Office should be 
mobilised to provide adequate support to Member States’ efforts in implementing the 
standards  set  in  the  second  phase  of  the  Common  European  Asylum  System  this 
Directive  , in particular  including  to those Member States which are faced 
with specific and disproportionate pressures on their asylum systems, due in particular 
to their geographical or demographic situation. 

(7) 

In the light of the results of the evaluations undertaken of the implementation of the 
first-phase  instruments,  it  is  appropriate,  at  this  stage,  to  confirm  the  principles 
underlying  Directive  2003/9/EC  with  a  view  to  ensuring  improved  reception 
conditions for applicants for international protection (‘applicants’). 

 2013/33/EU recital 7 (adapted) 

23 
24 
25 

COM(2016) 197 final. 
EUCO 19.02.2016, SN 1/16. 
EUCO 12/1/16.  

EN 

19 

   EN 

 
 
 
 
                                                 
 2013/33/EU recital 8 
 new 

(7) 

In order to ensure equal treatment of applicants throughout the Union, this Directive 
should  apply  during  all  stages  and  types  of  procedures  concerning  applications  for 
international  protection,  in  all  locations  and  facilities  hosting  applicants  and  for  as 
long as they are allowed to remain on the territory of the Member States as applicants. 
 It is necessary to clarify that material reception conditions should be made available 
to applicants as from the moment when the person expresses his or her wish to apply 
for  international  protection  to  officials  of  the  determining  authority,  as  well  as  any 
officials of other authorities which are designated as competent to receive and register 
applications or which assist the determining authority to receive such applications in 
line with Regulation (EU) No XXX/XXX [Procedures Regulation]. 

(8)  Where  an  applicant  is  present in  another  Member State from the one in which he or 
she  is  required  to  be  present  in  accordance  with  Regulation  (EU)  No  XXX/XXX 
[Dublin  Regulation],  the  applicant  should  not  be  entitled  to  the  reception  conditions 
set out in Articles 14 to 17.  

 new 

(9)  With  respect  to  the  treatment  of  persons  falling  within  the  scope  of  this  Directive, 
Member  States  are  bound  by  obligations  under  instruments  of  international  law  to 
which they are party.  

 2013/33/EU recital 10 

 2013/33/EU recitals 11 and 12 
(adapted) 

(10)   Standard conditions  Standards for the reception of applicants that will suffice 
to ensure them a dignified standard of living and comparable living conditions in all 
Member States should be laid down. The harmonisation of conditions for the reception 
of  applicants  should  help  to  limit  the  secondary  movements  of  applicants  influenced 
by the variety of conditions for their reception.  

 new 

(11) 

In  order  to  ensure  that  applicants  are  aware  of  the  consequences  of  absconding, 
Member States should inform applicants in a uniform manner, as soon as possible and 
at  the  latest  when  they  lodge  their  application,  of  all  the  obligations  with  which 
applicants  must  comply  relating  to  reception  conditions,  including  the  circumstances 
under which the granting of material reception conditions may be restricted and of any 
benefits. 

EN 

20 

   EN 

 
 
 
 
 
 2013/33/EU recital 13 
(adapted) 

(13)  With  a  view  to  ensuring  equal  treatment  amongst  all  applicants  for  international 
protection and guaranteeing consistency with current EU asylum acquis, in particular 
with  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 (26 ), it is appropriate to extend the scope of this Directive in order 
to include applicants for subsidiary protection.  

 new 

(12)  Harmonised  EU  rules  on  the  documents  to  be  issued  to  applicants  make  it  more 
difficult for applicants to move in an unauthorised manner within the Union. It needs 
to  be  clarified  that  Member  States  should  only  provide  applicants  with  a  travel 
document when serious humanitarian or other imperative reasons arise. The validity of 
travel  documents  should  also  be  limited  to  the  purpose  and  duration  needed  for  the 
reason for which they are issued. Serious humanitarian reasons could for instance be 
considered when an applicant needs to travel to another State for medical treatment or 
to  visit  relatives  in  particular  cases,  such  as  for  visits  to  close  relatives  who  are 
seriously  ill,  or  to  attend  marriages  or  funerals  of  close  relatives.  Other  imperative 
reasons could include situations where applicants who have been granted access to the 
labour  market  are  required  to  perform  essential  travel  for  work  purposes,  where 
applicants  are  required  to  travel  as  part  of  study  curricula  or  where  minors  are 
travelling with foster families. 

(13)  Applicants  do  not  have  the  right  to  choose  the  Member  State  of  application.  An 
applicant  must  apply  for  international  protection  in  the  Member  State  either  of  first 
entry or, in case of legal presence, in the Member State of legal stay or residence. An 
applicant  who  has  not  complied  with  this  obligation  is  less  likely,  following  a 
determination of the Member State responsible under Regulation (EU) No XXX/XXX 
[Dublin Regulation], to be allowed to stay in the Member State where the application 
was  made  and  consequently  more  likely  to  abscond.  His  or  her  whereabouts  should 
therefore be closely monitored.  

(14)  Applicants  are  required  to  be  present  in  the  Member  State  where  they  made  an 
application or  in  the  Member  State  to  which  they  are  transferred  in  accordance  with 
Regulation  (EU)  No  XXX/XXX  [Dublin  Regulation].  In  case  an  applicant  has 
absconded  from  this  Member  State  and,  without  authorisation,  travelled  to  another 
Member  State,  it  is  vital,  for  the  purpose  of  ensuring  a  well-functioning  Common 
European  Asylum  System  that  the  applicant  is  swiftly  returned  to  the  Member  State 
where he or she is required to be present. Until such a transfer has taken place, there is 

26 

OJ L 180, 29.6.2013, p. 60. 

EN 

21 

   EN 

 
 
 
 
                                                 
a risk that the applicant may abscond and his or her whereabouts should therefore be 
closely monitored.  

(15)  The  fact  that  an  applicant  has  previously  absconded  to  another  Member  State  is  an 
important  factor  when  assessing  the  risk  that  the  applicant  may  abscond.  To  ensure 
that  the  applicant  does  not  abscond  again  and  remains  available  to  the  competent 
authorities, once the applicant has been sent back to the Member State where he or she 
is  required  to  be  present,  his  or  her  whereabouts  should  therefore  be  closely 
monitored. 

(16)  For  reasons  of  public  interest  or  public  order,  for  the  swift  processing  and  effective 
monitoring  of  his  or  her  application  for  international  protection,  for  the  swift 
processing  and  effective  monitoring  of  his  or  her  procedure  for  determining  the 
Member State responsible in accordance with Regulation (EU) No XXX/XXX [Dublin 
Regulation] or in order to effectively prevent the applicant from absconding, Member 
States should, where necessary, assign the applicant residence in a specific place, such 
as an accommodation centre, a private house, flat, hotel or other premises adapted for 
housing  applicants.  Such  a  decision  may  be  necessary  to  effectively  prevent  the 
applicant from absconding in particular in cases where the applicant has not complied 
with the obligations to: make an application in the Member State of first irregular or 
legal entry; to remain in the Member State where he or she is required to be present; or 
in cases where the applicant has been sent back to the Member State where he or she is 
required  to  be  present  after  having  absconded  to  another  Member  State.  In  case  the 
applicant  is  entitled  to  material  reception  conditions,  such  material  reception 
conditions  should  also  be  provided  subject  to  the  applicant  residing  in  this  specific 
place.  

(17)  Where  there  are  reasons  for  considering  that  there  is  a  risk  that  an  applicant  may 
abscond,  Member  States  should  require  applicants  to  report  to  the  competent 
authorities  as  frequently  as  necessary  in  order  to  monitor  that  the  applicant  does  not 
abscond. To deter applicants from further absconding, Member States should also be 
able  to  grant  material  reception  conditions,  where  the  applicant  is  entitled  to  such 
material reception conditions, only in kind. 

(18)  All decisions restricting an applicant's freedom of movement need to be based on the 
individual  behaviour  and  particular  situation  of  the  person  concerned,  taking  into 
account any special reception needs of applicants and the principle of proportionality. 
Applicants must be duly informed of such decisions and of the consequences of non-
compliance.  

(19) 

In  view  of  the  serious  consequences  for  applicants  who  have  absconded  or  who  are 
considered to be at risk of absconding, the meaning of absconding should be defined 
in  view  of  encompassing  both  a  deliberate  action  to  avoid  the  applicable  asylum 
procedures  and  the  factual  circumstance  of  not  remaining  available  to  the  relevant 
authorities,  including  by  leaving  the  territory  where  the  applicant  is  required  to  be 
present.  

EN 

22 

   EN 

 
 
 
 
   
 2013/33/EU recital 15 
(adapted) 
 new 

(20)  The  detention  of  applicants  should  be  applied  in  accordance  with  the  underlying 
principle that a person should not be held in detention for the sole reason that he or she 
is  seeking  international  protection,  particularly  in  accordance  with  the  international 
legal obligations of the Member States and with Article 31 of the Geneva Convention. 
Applicants  may  be  detained  only  under   the   very  clearly  defined  exceptional 
circumstances laid down in this Directive and subject to the principle of necessity and 
proportionality with regard to both to the manner and the purpose of such detention.  
Detention of applicants pursuant to this Directive should only be ordered in writing by 
judicial or administrative authorities stating the reasons on which it is based, including 
in  the  cases  where  the  person  is  already  detained  when  making  the  application  for 
international  protection.  Where  an  applicant  is  held  in  detention  he  or  she  should 
have effective access to the necessary procedural guarantees, such as judicial remedy 
before a national judicial authority.  

 new 

(21)  Where  an  applicant  has  been  assigned  a  specific  place  of  residence  but  has  not 
complied with this obligation, there needs to be a demonstrated risk that the applicant 
may  abscond  in  order  for  the  applicant  to  be  detained.  In  all  circumstances,  special 
care must be taken to ensure that the length of the detention is proportionate and that it 
ends as soon as the obligation put on the applicant has been fulfilled or there are no 
longer reasons for believing that he or she will not fulfil this obligation. The applicant 
must also have been made aware of the obligation in question and of the consequences 
of non-compliance.  

 2013/33/EU recital 16 

(22)  With  regard  to  administrative  procedures  relating  to  the  grounds  for  detention,  the 
notion  of  ‘due  diligence’  at  least  requires  that  Member  States  take  concrete  and 
meaningful steps to ensure that the time needed to verify the grounds for detention is 
as  short  as  possible,  and  that  there  is  a  real  prospect  that  such  verification  can  be 
carried  out  successfully  in  the  shortest  possible  time.  Detention  shall  not  exceed  the 
time reasonably needed to complete the relevant procedures.  

(23)  The  grounds  for  detention  set  out  in  this  Directive  are  without  prejudice  to  other 
grounds for detention, including detention grounds within the framework of criminal 
proceedings,  which  are  applicable  under  national  law,  unrelated  to  the  third  country 
national’s or stateless person’s application for international protection.  

 2013/33/EU recital 17 

EN 

23 

   EN 

 
 
 
 
 2013/33/EU recital 18 
 new 

(24)  Applicants who are in detention should be treated with full respect for human dignity 
and their reception should be specifically designed to meet their needs in that situation. 
In  particular,  Member  States  should  ensure  that   Article  24  of  the  Charter  of 
Fundamental  Rights of  the  European  Union  and    Article  37  of  the  1989  United 
Nations Convention on the Rights of the Child is applied.  

 2013/33/EU recital 19 

(25)  There may be cases where it is not possible in practice to immediately ensure certain 
reception guarantees in detention, for example due to the geographical location or the 
specific  structure  of  the  detention  facility.  However,  any  derogation  from  those 
guarantees  should  be  temporary  and  should  only  be  applied  under  the circumstances 
set  out  in  this  Directive.  Derogations  should  only  be  applied  in  exceptional 
circumstances  and  should  be  duly 
the 
circumstances of each case, including the level  of severity of the derogation applied, 
its duration and its impact on the applicant concerned. 

into  consideration 

justified, 

taking 

(26) 

In  order  to  better  ensure  the  physical  and  psychological  integrity  of  the  applicants, 
detention  should  be  a  measure  of  last  resort  and  may  only  be  applied  after  all  non- 
custodial alternative measures to detention have been duly examined. Any alternative 
measure to detention must respect the fundamental human rights of applicants.  

 2013/33/EU recital 20 

(27) 

In  order  to  ensure  compliance  with  the  procedural  guarantees  consisting  in  the 
opportunity to contact organisations or groups of persons that provide legal assistance, 
information should be provided on such organisations and groups of persons.  

 2013/33/EU recital 21 

(28)  When deciding on housing arrangements, Member States should take due account of 
the  best  interests  of  the  child,  as  well  as  of  the  particular  circumstances  of  any 
applicant  who  is  dependent  on  family  members  or  other  close  relatives  such  as 
unmarried minor siblings already present in the Member State. 

 2013/33/EU recital 22 

EN 

24 

   EN 

 
 
 
 
 
(29)  The reception of persons with special reception needs should be a primary concern for 
national  authorities  in  order  to  ensure  that  such  reception  is  specifically  designed  to 
meet their special reception needs.  

 2013/33/EU recital 14 

 2013/33/EU recital 9 
 new 

(30) 

In applying this Directive, Member States should seek to ensure full compliance with 
the principles of the best interests of the child and of family unity, in accordance with 
the  Charter  of  Fundamental  Rights  of  the  European  Union,  the  1989  United  Nations 
Convention on the Rights of the Child and the European Convention for the Protection 
of  Human  Rights  and  Fundamental  Freedoms  respectively.   Reception  conditions 
need  to  be  adapted  to  the  specific  situation  of  minors,  whether  unaccompanied  or 
within  families,  with  due  regard  to  their  security,  physical  and  emotional  care  and 
provided in a manner that encourages their general development.  

 new 

(31)  Member States should ensure that applicants receive the necessary health care which 
should include, at least, emergency care and essential treatment of illnesses, including 
of  serious  mental  disorders.  To  respond  to  public  health  concerns  with  regard  to 
disease prevention and safeguard the health of individual applicants, applicants' access 
to health care should also include preventive medical treatment, such as vaccinations. 
Member States may require medical screening for applicants on public health grounds. 
The results of  medical screening  should  not influence the assessment of applications 
for  international  protection,  which  should  always  be  carried  out  objectively, 
impartially  and  on  an  individual  basis  in  line  with  Regulation  (EU)  No  XXX/XXX 
[Procedures Regulation].  

(32)  An applicant's entitlement to material reception conditions under this Directive may be 
curtailed in certain circumstances such as where an applicant has absconded to another 
Member  State  from  the  Member  State  where  he  or  she  is  required  to  be  present. 
However, Member States should in all circumstances ensure access to health care and 
a  dignified  standard  of  living  for  applicants in  line  with  the  Charter  of  Fundamental 
Rights of the European Union and the United Nations Convention on the Rights of the 
Child, in particular by providing for the applicant's subsistence and basic needs both in 
terms of physical safety and dignity and in terms of interpersonal relationships, with 
due  regard  to  the  inherent  vulnerabilities  of  the  person  as  applicant  for  international 
protection and that of his or her family or caretaker. Due regard must also be given to 
applicants  with  special  reception  needs.  The  specific  needs  of  children,  in  particular 
with regard to respect for the child's right to education and access to healthcare have to 
be taken into account. When a minor is in a Member State other than the one in which 
he  or  she  is  required  to  be  present,  Member  States  should  provide  the  minor  with 
access  to  suitable  educational  activities  pending  the  transfer  to  the  Member  State 

EN 

25 

   EN 

 
 
 
 
responsible.  The  specific  needs  of  women  applicants  who  have  experienced  gender-
based  harm  should  be  taken  into  account,  including  via  ensuring  access,  at  different 
stages  of  the  asylum  procedure,  to  medical  care,  legal  support,  and  to  appropriate 
trauma counselling and psycho-social care.  

(33)  The  scope  of  the  definition  of  family  member  should  reflect  the  reality  of  current 
migratory  trends,  according  to  which  applicants  often  arrive  to  the  territory  of  the 
Member  States  after  a  prolonged  period  of  time  in  transit.  The  definition  should 
therefore include families formed outside the country of origin, but before their arrival 
on the territory of the Member States. 

 2013/33/EU recital 23 
 new 

(34) 

In order to promote the self-sufficiency of applicants and to limit wide discrepancies 
between Member States, it is essential to provide clear rules on the applicants’ access 
to  the  labour  market   and  to  ensure  that  such  access  is  effective,  by  not  imposing 
conditions  that  effectively  hinder  an  applicant  from  seeking  employment.  Labour 
market  tests  used  to  give  priority  to  nationals  or  to  other  Union  citizens  or  to  third-
country  nationals  legally  resident  in  the  Member  State  concerned  should  not  hinder 
effective  access  for  applicants  to  the  labour  market  and  should  be  implemented 
without prejudice to the principle of preference for Union citizens as expressed in the 
relevant provisions of the applicable Acts of Accession . 

 new 

(35)  The maximum time frame for access to the labour market should be aligned with the 
duration of  the examination procedure on the merits. In  order  to  increase integration 
prospects  and  self-sufficiency  of  applicants,  earlier  access  to  the  labour  market  is 
encouraged  where  the  application  is  likely  to  be  well-founded,  including  when  its 
examination has been prioritised in accordance with Regulation (EU) No XXX/XXX 
[Procedures Regulation]. Member States should therefore consider reducing that time 
period as much as possible with a view to ensuring that applicants have access to the 
labour market no later than 3 months from the date when the application was lodged in 
cases  where  the  application  is  likely  to  be  well-founded.  Member  States  should 
however  not  grant  access  to  the  labour  market  to  applicants  whose  application  for 
international  protection  is  likely  to  be  unfounded  and  for  which  an  accelerated 
examination procedure is applied. 

(36)  Once applicants are granted access to the labour market, they should be entitled to a 
common  set  of  rights  based  on  equal  treatment  with  nationals.  Working  conditions 
should  cover  at  least  pay  and  dismissal,  health  and  safety  requirements  at  the 
workplace, working time and leave, taking into account collective agreements in force. 
Applicants  should  also  enjoy  equal  treatment  as  regards  freedom  of  association  and 
affiliation,  education  and  vocational  training,  the  recognition  of  professional 
qualifications and social security.  

EN 

26 

   EN 

  
 
 
 
(37)  A Member State should recognise professional qualifications acquired by an applicant 
in another Member State in the same way as those of citizens of the Union and should 
take  into  account  qualifications  acquired  in  a  third  country  in  accordance  with 
Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council.27  Special 
measures also need to be considered with a view to effectively addressing the practical 
difficulties  encountered  by  applicants  concerning  the  authentication  of  their  foreign 
diploma, certificates or other evidence of formal qualifications, in particular due to the 
lack  of  documentary  evidence  and  their  inability  to  meet  the  costs  related  to  the 
recognition procedures.  

(38)  The definition of branches of social security used in Regulation (EC) No 883/2004 of 

the European Parliament and of the Council28 should apply.  

(39)  Due to the possibly temporary nature of the stay of applicants and without prejudice to 
Regulation  (EU)  No  1231/2010  of  the  European  Parliament  and  of  the  Council, 
Member States should be able to exclude family benefits and unemployment benefits 
from equal treatment between applicants and their own nationals and should be able to 
limit the application of equal treatment in relation to education and vocational training. 
The right  to freedom of  association and affiliation  may also be limited  by excluding 
applicants  from  taking  part  in  the  management  of  certain  bodies  and  from  holding  a 
public office.  

(40)  Union  law  does  not  limit  the  power  of  the  Member  States  to  organise  their  social 
security  schemes.  In  the  absence  of  harmonisation  at  Union  level,  it  is  for  each 
Member  State  to  lay  down  the  conditions  under  which  social  security  benefits  are 
granted,  as  well  as  the  amount  of  such  benefits  and  the  period  for  which  they  are 
granted.  However,  when  exercising  that  power,  Member  States  should  comply  with 
Union law. 

 2013/33/EU recital 24 
(adapted) 
 new 

(41)  To  ensure  that  the  material   reception  conditions  support  provided  to  applicants 
complies   comply   with  the  principles  set  out  in  this  Directive,  it  is  necessary 
 to  further  clarify  the  nature  of  those  conditions,  including  not  only  housing,  food 
and  clothing  but  also  essential  non-food  items  such  as  sanitary  items.  It  is  also 
necessary   that  Member  States  determine  the  level  of   material  reception 
conditions provided  in  the  form  of  financial  allowances  or  vouchers    such  support 
on  the  basis  of  relevant  references   to  ensure  adequate  standards  of  living  for 
nationals,  such  as  minimum  income  benefits,  minimum  wages,  minimum  pensions, 

27 

28 

Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on  the 
recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22). 
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the 
coordination of social security systems (OJ L 166, 30.4.2004, p. 1.). 

EN 

27 

   EN 

 
 
 
 
 
                                                 
unemployment benefits and social assistance benefits . That does not mean that the 
amount  granted  should  be  the  same  as  for  nationals.  Member  States  may  grant  less 
favourable treatment to applicants than to nationals as specified in this Directive.  

 2013/33/EU recital 25 
(adapted) 
 new 

(42)   In order to restrict the possibility of abuse of the reception system, Member States 
should be able to provide material reception conditions only to the extent applicants do 
not have sufficient means to provide for themselves. When assessing the resources of 
an applicant and requiring an applicant to cover or contribute to the material reception 
conditions,  Member States  should  observe  the  principle  of  proportionality  and  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. 
Applicants should not be required to cover or contribute to the costs of their necessary 
health care.  The possibility of abuse of the reception system should  also  be 
restricted  by  specifying the  circumstances in  which  material  reception  conditions  for 
applicants   accommodation, 
food,  clothing  and  other  essential  non-food 
items provided in the form of financial allowances or vouchers may be replaced with 
reception  conditions  provided  in  kind  and  the  circumstances  in  which  the  daily 
allowance   may  be  reduced  or  withdrawn  while  at  the  same  time  ensuring  a 
dignified standard of living for all applicants.  

 2013/33/EU recital 26 
 new 

(43)   Member States should put in place appropriate guidance, monitoring and control of 
their  reception  conditions.  In  order  to  ensure  comparable  living  conditions,  Member 
States should be required to take into account, in their monitoring and control systems, 
operational standards on reception conditions and specific indicators developed by [the 
European Asylum Support Office / the European Union Agency for Asylum].  The 
efficiency of national reception systems and cooperation among Member States in the 
field  of  reception  of  applicants  should  be  secured  , including  through  the  Union 
network  on  reception  authorities,  which  has  been  established  by  [the  European 
Asylum Support Office / the European Union Agency for Asylum].  

(44)  Appropriate coordination should be encouraged between the competent authorities as 
regards  the  reception  of  applicants,  and  harmonious  relationships  between  local 
communities and accommodation centres should therefore be promoted.  

 2013/33/EU recital 27 

EN 

28 

   EN 

 
 
 
 new 

(45)  Experience shows that contingency planning is needed to ensure adequate reception of 
applicants  in  cases  where  Member  States  are  confronted  with  a  disproportionate 
number of applicants for international protection. Whether the measures envisaged in 
Member  States'  contingency  plans  are  adequate  should  be  regularly  monitored  and 
assessed.  

(46)  Member  States  should  have  the  power  to  introduce  or  maintain  more  favourable 
provisions for third-country nationals  and  stateless persons who ask  for international 
protection from a Member State.  

 2013/33/EU recital 28 

 2013/33/EU recital 29 
(adapted) 

(47) 

In this spirit, Member States are also invited to apply the provisions of this Directive 
in  connection  with  procedures  for  deciding  on  applications  for  forms  of  protection 
other  than  that  provided  for  under  Directive  2011/95/EU  Regulation  (EU)  No 
XXX/XXX [Qualification Regulation].  

(48)  The  implementation  of  this  Directive  should  be  evaluated  at  regular  intervals. 
 Member  States  should  provide the  Commission  with  the necessary  information  in 
order for the Commission to be able to fulfil its reporting obligations.  

 2013/33/EU recital 30 
 new 

 2013/33/EU recital 31 
(adapted) 

(49)  Since  the  objective  of  this  Directive,  namely  to  establish  standards  for  the  reception 
 conditions  of applicants in Member States, cannot be sufficiently achieved by 
the  Member  States  and  can  therefore,  by  reason  of  the  scale  and  effects  of  this 
Directive,  be  better  achieved  at  the  Union  level,  the  Union  may  adopt  measures  in 
accordance  with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on 
European Union (TEU). In accordance with the principle of proportionality, as set out 
in that Article, this Directive does not go beyond what is necessary in order to achieve 
that objective.  

EN 

29 

   EN 

 
 
 
 
 
 2013/33/EU recital 32 

(50) 

In  accordance  with  the  Joint  Political  Declaration  of  Member  States  and  the 
Commission on explanatory documents of 28 September 201129, Member States have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified.  

 2013/33/EU recital 33 
(adapted) 

(33) 

In  accordance  with  Articles  1  and  2  and  Article  4a(1)  of  Protocol  No  21  on  the 
position  of  the  United  Kingdom  and  Ireland  in  respect  of  the  Area  of  Freedom, 
Security and Justice, annexed to the TEU, and to the Treaty on the Functioning of the 
European  Union  (TFEU),  and  without  prejudice  to  Article  4  of  that  Protocol,  the 
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. 

 new 

(51) 

[In  accordance  with  Article  3  of  Protocol  No  21  on  the  position  of  the  United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, those Member States have notified their wish to take part in the adoption and 
application of this Directive]  

OR  

(51)  

[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union,  and  without  prejudice  to  Article  4  of  that  Protocol,  those  Member  States  are 
not taking part in the adoption of this Directive and are not bound by it or subject to its 
application.]  

OR 

(51)  

[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 

29 

OJ C 369, 17.12.2011, p. 14. 

EN 

30 

   EN 

 
 
 
 
 
 
  
                                                 
Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not 
taking  part  in  the  adoption  of  this  Directive  and  is  not  bound  by  it  or  subject  to  its 
application.  

(52)  

In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom 
and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice,  annexed  to  the 
Treaty  on  European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European 
Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and 
application of this Directive.]  

OR  

(51)  

[In  accordance  with  Article  3  of  Protocol  No  21  on  the  position  of  the  United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the 
adoption and application of this Directive.  

(52)  

In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in 
the adoption of this Directive and is not bound by it or subject to its application.] 

(52) 

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, 
annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of 
this Directive and is not bound by it or subject to its application. 

 2013/33/EU recital 34 

 2013/33/EU recital 35 

(53)  This Directive respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In 
particular, this Directive seeks to ensure full respect for human dignity and to promote 
the application of  Articles 1, 4, 6, 7, 18, 21, 24 and 47 of the Charter and has  to  be 
implemented accordingly.  

(54)  The obligation to transpose this Directive into national law should be confined to those 
provisions which represent a substantive change  amendment  as compared with 

 2013/33/EU recital 36 
(adapted) 

EN 

31 

   EN 

 
 
 
 
 
 
 
 to the earlier  Directive 2003/9/EC. The obligation to transpose the provisions 
which are unchanged arises under that  the earlier  Directive. 

 2013/33/EU recital 37 
(adapted) 
 new 

(55)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limit  for  the   transposition  into  national  law  of  the  
Directive 2013/33/EU set out in Annex III, Part B. 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 

 2013/33/EU (adapted) 

 SUBJECT-MATTER  PURPOSE, DEFINITIONS AND SCOPE  

Article 1 

Purpose 

The  purpose  of  tThis  Directive  is  to  lay   lays   down  standards  for  the  reception  of 
applicants for international protection (‘applicants’) in Member States. 

Article 2 

Definitions 

For the purposes of this Directive  , the following definitions apply : 

(1)(a) 

‘application  for  international  protection’:  means  an  application  for  international 
protection  as  defined  in  Article  2(h)  [4(2)(a)]  of  Directive  2011/95/EU  Regulation 
(EU) No XXX/XXX30 [Procedures Regulation]; 

 2013/33/EU (adapted) 
 new 

(2)(b) 

‘applicant’: means  an applicant as defined in Article [4(2)(b)] of Regulation (EU) 
No  XXX/XXX  [Procedures  Regulation]   a  third-country  national  or  a  stateless 
person who has made an application for international protection in respect of which a 
final decision has not yet been taken;  

30 

OJ C , , p. . 

EN 

32 

   EN 

 
 
 
 
 
                                                 
(3)(c) 

‘family  members’:  means   family  members  as  defined  in  Article  [2(9)]  of 
Regulation (EU) XXX/XXX31 [Qualification Regulation];  , in so far as the family 
already  existed  in  the  country  of  origin,  the  following  members  of  the  applicant’s 
family  who  are  present  in  the  same  Member  State in  relation  to  the application  for 
international protection: 

– 

– 

– 

the  spouse  of  the  applicant  or  his  or  her  unmarried  partner  in  a  stable 
relationship,  where  the  law  or  practice  of  the  Member  State  concerned  treats 
unmarried  couples  in  a  way  comparable  to  married  couples  under  its  law 
relating to third-country nationals; 

the minor children of couples referred to in the first indent or of the applicant, 
on condition that they are unmarried and regardless of whether they were born 
in or out of wedlock or adopted as defined under national law; 

the father, mother or another adult responsible for the applicant whether by law 
or  by  the  practice  of  the  Member  State  concerned,  when  that  applicant  is  a 
minor and unmarried;  

(4)(d) 

‘minor’:  means  a    minor  as  defined  in  Article  [2(10)]  of  Regulation  (EU)  No 
XXX/XXX  [Qualification  Regulation]   third-country  national  or  stateless  person 
below the age of 18 years; 

(5)(e) 

‘unaccompanied minor’: means a an  unaccompanied  minor  as defined in 
Article [2(11)] of Regulation (EU) No XXX/XXX [Qualification Regulation]  who 
arrives on the territory of the Member States unaccompanied by an adult responsible 
for him or her whether by law or by the practice of the Member State concerned, and 
for  as  long  as  he  or  she  is  not  effectively  taken  into  the  care  of  such  a  person;  it 
includes a minor who is left unaccompanied after he or she has entered the territory 
of the Member States; 

 2013/33/EU 

(6)(f) 

‘reception  conditions’:  means  the  full  set  of  measures  that  Member  States  grant  to 
applicants in accordance with this Directive; 

 2013/33/EU (adapted) 
 new 

(7)(g) 

‘material reception conditions’: means the reception conditions that include housing, 
food,  and  clothing  and  other  essential  non-food  items  matching  the  needs  of  the 
applicants in their specific reception conditions, such as sanitary items,  provided 

31 

OJ C […], […], p. […]. 

EN 

33 

   EN 

 
 
 
 
 
 
 
                                                 
in kind, or as financial allowances or in vouchers, or a combination of the three, and 
a daily expenses allowance; 

 2013/33/EU 

(8)(h) 

‘detention’:  means  confinement  of  an  applicant  by  a  Member  State  within  a 
particular place, where the applicant is deprived of his or her freedom of movement; 

(9)(i) 

‘accommodation  centre’:  means  any  place  used  for  the  collective  housing  of 
applicants; 

 new 

(10) 

‘absconding’:  means  the  action  by  which  an  applicant,  in  order  to  avoid  asylum 
procedures,  either  leaves  the  territory  where  he  or  she  is  obliged  to  be  present  in 
accordance with Regulation (EU) No XXX/XXX32 [Dublin Regulation] or does not 
remain available to the competent authorities or to the court or tribunal;  

(11) 

‘risk of absconding’: means the existence of reasons in an individual case, which are 
based on objective criteria defined by national law, to believe that an applicant may 
abscond;  

 2013/33/EU (adapted) 
 new 

(12)(j) 

‘ guardian  representative’: means a person  as defined in Article [4(2)(f)] of 
Regulation  (EU)  No  XXX/XXX  [Procedures  Regulation]  or  an  organisation 
appointed by the competent bodies in order to assist and represent an unaccompanied 
minor in procedures provided for in this Directive with a view to ensuring the best 
interests  of  the  child  and  exercising  legal  capacity  for  the  minor  where  necessary. 
Where  an  organisation  is  appointed  as  a  representative,  it  shall  designate  a  person 
responsible  for  carrying  out  the  duties  of  representative  in  respect  of  the 
unaccompanied minor, in accordance with this Directive; 

(13)(k)  ‘applicant  with  special  reception  needs’:  means   an  applicant   a  vulnerable 
person, in accordance with Article 21, who is in need of special guarantees in order 
to  benefit  from  the  rights  and  comply  with  the  obligations  provided  for  in  this 
Directive  ,  such  as  applicants  who  are  minors,  unaccompanied  minors,  disabled 
people, elderly people, pregnant women, single parents with minor children, victims 

32 

OJ C […], […], p. […]. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
of  human  trafficking,  persons  with  serious  illnesses,  persons  with  mental  disorders 
and  persons  who  have  been  subjected  to  torture,  rape  or  other  serious  forms  of 
psychological,  physical  or  sexual  violence,  such  as  victims  of  female  genital 
mutilation . 

Article 3 

Scope 

1. 

2. 

3. 

4. 

This Directive shall apply  applies  to all third-country nationals and stateless 
persons  who  make  an  application  for  international  protection  on  the  territory, 
including  at  the   external   border,  in  the  territorial  waters   sea   or  in  the 
transit  zones  of   the   a  Member  State   States   ,  as  long  as  they  are 
allowed to remain on the territory as applicants, as well as to family members, if they 
are  covered  by  such  application  for  international  protection  according  to  national 
law. 

This  Directive  shall   does   not  apply  in  cases  of  requests  for  diplomatic  or 
territorial asylum submitted to representations of Member States. 

This Directive shall  does  not apply when the provisions of Council Directive 
2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection 
in  the  event  of  a  mass  influx  of  displaced  persons  and  on  measures  promoting  a 
balance of efforts between Member States in receiving such persons and bearing the 
consequences thereof33 are applied  applies  . 

Member States may decide to apply this Directive in connection with procedures for 
deciding  on  applications  for  kinds  of  protection  other  than  that  emanating  from 
Directive 2011/95/EU Regulation (EU) No XXX/XXX [Qualification Regulation]. 

Article 4 

More favourable provisions 

Member  States  may  introduce  or  retain  more  favourable  provisions  in  the  field  of   as 
regards   reception  conditions  for  applicants  and  other   their  depending   close 
relatives of the applicant who are present in the same Member State when they are dependent 
on  him  or  her,  or  for  humanitarian  reasons,  insofar  as  these  provisions  are  compatible  with 
this Directive. 

33 

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection 
in  the  event  of  a  mass  influx  of  displaced  persons  and  on  measures  promoting  a  balance  of  efforts 
between  Member  States  in  receiving  such  persons  and  bearing  the  consequences  thereof  (OJ  L  212, 
7.8.2001, p. 1).  

EN 

35 

   EN 

 
 
 
                                                 
 2013/33/EU 
 new 

CHAPTER II 

GENERAL PROVISIONS ON RECEPTION CONDITIONS 

Article 5 

Information 

1. 

2. 

Member  States  shall  inform  applicants,  within  a  reasonable  time  not  exceeding  15 
days  after  they  have  lodged   as  soon  as  possible  and  at  the  latest  when they  are 
lodging    their  application  for  international  protection,  of  at  least  any  established 
benefits  and  of  the  obligations  with  which  they  must  comply  relating  to  reception 
conditions . They shall point out in the information provided that the applicant is 
not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as 
stated in Article 17a of the same Directive in any Member State other than where he 
or she is required to be present in accordance with Regulation (EU) No XXX/XXX 
[Dublin Regulation]. 

Member  States  shall  ensure  that  applicants  are  provided  with  information  on 
organisations  or  groups  of  persons  that  provide  specific  legal  assistance  and 
organisations  that  might  be  able  to  help  or  inform  them  concerning  the  available 
reception conditions, including health care. 

Member  States  shall  ensure  that  the  information  referred  to  in  paragraph  1  is  in 
writing    using  a  standard  template  which  shall  be  developed  by  the  European 
Union Agency for Asylum  and, in a language that the applicant understands or is 
reasonably  supposed 
this 
information  may   shall   also  be  supplied  orally   and  adapted  to  the  needs  of 
minors  . 

to  understand.  Where   necessary   appropriate, 

 2013/33/EU (adapted) 
 new 

Article 6 

 Travel documents  Documentation 

1.  

Member States  shall ensure that, within  three days of the lodging  of an application 
for international protection, the applicant is provided with a document issued in his 
or her own name certifying his or her status as an applicant or testifying that he or 
she  is  allowed  to  stay  on  the  territory  of  the  Member  State  while  his  or  her 
application is pending or being examined. 

EN 

36 

   EN 

 
 
 
 
 
If the holder is not free to move within all or a part of the territory of the Member 
State, the document shall also certify that fact. 

2.  

Member  States  may  exclude  application  of  this  Article  when  the  applicant  is  in 
detention  and  during  the  examination  of  an  application  for  international  protection 
made at the border or within the context of a procedure to decide on the right of the 
applicant  to  enter  the  territory  of  a  Member  State.  In  specific  cases,  during  the 
examination  of  an  application  for  international  protection,  Member  States  may 
provide  applicants  with  other  evidence  equivalent  to  the  document  referred  to  in 
paragraph 1. 

3.  

The document referred to in paragraph 1 need not certify the identity of the applicant. 

4.  

5.  

6. 

Member  States  shall  adopt  the  necessary  measures  to  provide  applicants  with  the 
document  referred  to  in  paragraph  1,  which  must  be  valid  for  as  long  as  they  are 
authorised to remain on the territory of the Member State concerned. 

Member States may  shall  provide applicants with a travel document  only  
when serious humanitarian  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 needed for the reason for which it is issued.  

Member  States  shall  not  impose  unnecessary  or  disproportionate  documentation  or 
other  administrative  requirements  on  applicants  before  granting  them  the  rights  to 
which  they  are  entitled  under  this  Directive  for  the  sole  reason  that  they  are 
applicants for international protection. 

 2013/33/EU 

Article 7 

Residence and freedom of movement 

1. 

Applicants may move freely within the territory of the host Member State or within 
an area assigned to them by that Member State. The assigned area shall not affect the 
unalienable  sphere  of  private  life  and  shall  allow  sufficient  scope  for  guaranteeing 
access to all benefits under this Directive.  

 2013/33/EU (adapted) 
 new 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
2. 

Member  States  may   shall  where  necessary   decide  on  the  residence  of  the 
 an  applicant  in a specific place  for  any of the following  reasons: 
of 

(a)   public interest,  or  public order or,;  

(b)   when necessary, for the swift processing and effective monitoring of his or her 

application for international protection;  

 new  

(c)  

for  the  swift  processing  and  effective  monitoring  of  his  or  her  procedure  for 
determining the Member State responsible in accordance with Regulation (EU) 
No XXX/XXX [Dublin Regulation];  

(d)  

to effectively prevent the applicant from absconding, in particular: 

– 

– 

– 

for  applicants  who  have  not  complied  with  the  obligation  to  make  an 
application in the first Member State of entry as set out in Article [4(1)] 
of  Regulation  (EU)  No  XXX/XXX  [Dublin  Regulation]  and  have 
travelled  to  another  Member  State  without  adequate  justification  and 
made an application there; or 

where  applicants  are  required  to  be  present  in  another  Member  State  in 
accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]; or 

for applicants who have been sent back to the Member State where they 
are  required  to  be  present  in  accordance  with  Regulation  (EU)  No 
XXX/XXX  [Dublin  Regulation]  after  having  absconded  to  another 
Member State. 

In those cases, the provision of material reception conditions shall be subject to the 
actual residence by the applicant in that specific place. 

Where  there  are  reasons  for  considering  that  there  is  a  risk  that  an  applicant  may 
abscond, Member States shall, where necessary, require the applicant to report to the 
competent authorities, or to appear before them in person, either without delay or at a 
specified  time  as  frequently  as  necessary  to  effectively  prevent  the  applicant  from 
absconding.  

 2013/33/EU (adapted) 

Member  States  shall  provide  for  the  possibility  of  granting  applicants  temporary 
permission  to  leave  the   their   place  of  residence  mentioned  in  paragraphs  2 
and  3  and/or  the  assigned  area  mentioned  in  paragraph  1.  Decisions  shall  be  taken 
individually, objectively and impartially  on the merits of the individual case  
and reasons shall be given if they are negative. 

3. 

4. 

EN 

38 

   EN 

 
 
 
 
 
 
The applicant shall not require permission to keep appointments with authorities and 
courts if his or her appearance is necessary. 

 2013/33/EU 
 new 

5. 

36. 

7. 

8. 

Member  States  shall  require  applicants  to  inform  the  competent  authorities  of  their 
current  place of residence or  address  or a telephone number where they may 
be  reached   and  notify  any  change  of   telephone  number  or   address  to  such 
authorities as soon as possible.  

 2013/33/EU (adapted) 

Member  States  may  make  provision  of  the  material  reception  conditions  subject  to 
actual  residence  by  the  applicants  in  a  specific  place,  to  be  determined  by  the 
Member  States.  Such  a  decision,  which  may  be  of  a  general  nature,  shall  be  taken 
individually and established by national law. 

 new 

Decisions referred to in this Article shall  be based on the individual  behaviour  and 
particular situation of the person concerned, including with regard to applicants with 
special reception needs, and with due regard to the principle of proportionality. 

Member States shall state reasons in fact and, where relevant, in law in any decision 
taken  in  accordance  with  this  Article.  Applicants  shall  be  immediately  informed  in 
writing,  in  a  language  which  they  understand  or  are  reasonably  supposed  to 
understand, of the adoption of such a decision, of the procedures for challenging the 
decision  in accordance with  Article 25 and  of the  consequences of non-compliance 
with the obligations imposed by the decision.  

 2013/33/EU (adapted) 

Article 8 

Detention 

1. 

Member States shall not hold a person in detention for the sole reason that he or she 
is an applicant in accordance with Directive 2013/32/EU of the European Parliament 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
and  of  the  Council  of  26  June  2013  on  common  procedures  for  granting  and 
withdrawing international protection34. 

2. 

When it proves 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. 

 2013/33/EU 

3. 

An applicant may be detained only: 

(a) 

in order to determine or verify his or her identity or nationality; 

(b) 

in order to determine those elements on which the application for international 
protection is based which could not be obtained in the absence of detention, in 
particular when there is a risk of absconding of the applicant; 

 new 

(c) 

in order to ensure compliance with legal obligations imposed on the applicant 
through an individual decision in accordance with Article 7(2) in cases where 
the  applicant  has  not  complied  with  such  obligations  and  there  is  a  risk  of 
absconding of the applicant. 

 2013/33/EU  
 new 

(d)(c) in order to decide, in the context of a  border  procedure  in accordance 
[Procedures 

with  Article 
Regulation] , on the applicant’s right to enter the territory; 

(EU)  No  XXX/XXX 

[41]  of  Regulation 

 2013/33/EU 

(e)(d) when  he  or  she  is  detained  subject  to  a  return  procedure  under  Directive 
2008/115/EC of the European Parliament and of the Council  of 16 December 
2008  on  common  standards  and  procedures  in  Member  States  for  returning 

34 

See page 60 of this Official Journal. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
                                                 
illegally staying third-country nationals35, in order to prepare the return and/or 
carry  out  the  removal  process,  and  the  Member  State  concerned  can 
substantiate on the basis of objective criteria, including that he or she already 
had  the  opportunity  to  access  the asylum  procedure,  that  there  are  reasonable 
grounds  to  believe  that  he  or  she  is  making  the  application  for  international 
protection  merely  in  order  to  delay  or  frustrate  the  enforcement  of  the  return 
decision; 

(f)(e) when protection of national security or public order so requires; 

(g)(f) in  accordance  with  Article  28  29  of  Regulation  (EU)  No  604/2013  of  the 
European  Parliament  and  of  the  Council  of  26  June  2013  establishing  the 
criteria  and  mechanisms  for  determining  the  Member  State  responsible  for 
examining  an  application  for  international  protection  lodged  in  one  of  the 
Member  States  by  a  third-country  national  or  a  stateless  person36  XXX/XXX 
[Dublin Regulation]. 

 2013/33/EU (adapted) 

 All   Tthe  above   grounds  for  detention  shall  be  laid  down  in  national 
law. 

4. 

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. 

 2013/33/EU 

Article 9 

Guarantees for detained applicants 

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 8(3) are applicable. 

Administrative  procedures  relevant  to  the  grounds  for  detention  set  out  in  Article 
8(3)  shall  be  executed with  due  diligence.  Delays  in  administrative  procedures  that 
cannot be attributed to the applicant shall not justify a continuation of detention. 

35 

36 

Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008  on 
common  standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-country 
nationals (OJ L 343, 23.12.2011, p.1). 
See page 31 of this Official Journal.  

EN 

41 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
2. 

3. 

4. 

5. 

6. 

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. 

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  and/or  at  the  request  of  the  applicant.  When  conducted  ex  officio,  such 
review shall be decided on as speedily as possible from the beginning of detention. 
When conducted at the request of the applicant, it shall be decided on as speedily as 
possible  after  the  launch  of  the  relevant  proceedings.  To  this  end,  Member  States 
shall  define  in  national  law  the  period  within  which  the  judicial  review  ex  officio 
and/or the judicial review at the request of the applicant shall be conducted. 

Where,  as  a  result  of  the  judicial  review,  detention  is  held  to  be  unlawful,  the 
applicant concerned shall be released immediately. 

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. 

Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex 
officio and/or at 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. 

In  cases  of  a  judicial  review  of  the  detention  order  provided  for  in  paragraph  3, 
Member  States  shall  ensure  that  applicants  have  access  to  free  legal  assistance  and 
representation. This shall include, at least, the preparation of the required procedural 
documents and participation in the hearing before the judicial authorities on behalf of 
the applicant. 

Free  legal  assistance  and  representation  shall  be  provided  by  suitably  qualified 
persons as admitted or permitted under national law whose interests do not conflict 
or could not potentially conflict with those of the applicant. 

7. 

Member  States  may  also  provide  that  free  legal  assistance  and  representation  are 
granted: 

(a) 

only to those who lack sufficient resources; and/or 

(b)  only  through  the  services  provided  by  legal  advisers  or  other  counsellors 
specifically designated by national law to assist and represent applicants. 

8. 

Member States may also: 

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
(a) 

impose  monetary  and/or  time  limits  on  the  provision  of  free  legal  assistance 
and representation, provided that such limits do not arbitrarily restrict access to 
legal assistance and representation; 

(b)  provide that, as  regards fees and  other costs, the treatment of applicants shall 
not be more favourable than the treatment generally accorded to their nationals 
in matters pertaining to legal assistance. 

9. 

Member  States  may  demand  to  be  reimbursed  wholly  or  partially  for  any  costs 
granted if and when the applicant’s financial situation has improved considerably or 
if  the  decision  to  grant  such  costs  was  taken  on  the  basis  of  false  information 
supplied by the applicant. 

10. 

Procedures  for  access  to  legal  assistance  and  representation  shall  be  laid  down  in 
national law. 

Article 10 

Conditions of detention 

1. 

2. 

3. 

4. 

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. 

When  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. 

Detained applicants shall have access to open-air spaces. 

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. 

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 

EN 

43 

   EN 

 
 
 
 
 
 
 
 
 
 
 
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 the security, public order or 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  their 
rights  and  obligations  in  a  language  which  they  understand  or  are  reasonably 
supposed  to  understand.  Member  States  may  derogate  from  this  obligation  in  duly 
justified cases and for a reasonable period which shall be as short as possible, in the 
event  that  the  applicant  is  detained  at  a  border  post  or  in  a  transit  zone.  This 
derogation  shall  not  apply  in  cases  referred  to  in  Article  43  41  of  Directive 
2013/32/EU Regulation (EU) No XXX/XXX [Procedures Regulation]. 

 2013/33/EU  (adapted) 
 new 

Article 11 

Detention of vulnerable persons and of applicants with special reception needs 

1. 

The  health,  including  mental  health,  of  applicants  in  detention  who  are  vulnerable 
persons   have  special  reception  needs   shall  be  of  primary  concern  to  national 
authorities. 

Where vulnerable persons  applicants with special reception needs  are detained, 
Member  States  shall  ensure  regular  monitoring  and  adequate  support  taking  into 
account their particular situation, including their health. 

 2013/33/EU 

2. 

Minors  shall  be  detained  only  as  a  measure  of  last  resort  and  after  it  having  been 
established  that  other  less  coercive  alternative  measures  cannot  be  applied 
effectively. Such detention shall be for the shortest period of time and all efforts shall 
be  made  to  release  the  detained  minors  and  place  them  in  accommodation  suitable 
for minors. 

The  minor’s  best  interests   of  the  child ,  as  prescribed referred  to   in 
Article 23 22(2), shall be a primary consideration for Member States. 

 2013/33/EU (adapted) 
 new 

EN 

44 

   EN 

 
 
 
 
 
 
 
 
 
 
Where  minors are detained,   their right to  education must  be secured and  they 
shall  have  the  possibility  to  engage  in  leisure  activities,  including  play  and 
recreational activities appropriate to their age. 

 2013/33/EU 

3. 

Unaccompanied  minors  shall  be  detained  only  in  exceptional  circumstances.  All 
efforts  shall  be  made  to  release  the  detained  unaccompanied  minor  as  soon  as 
possible. 

Unaccompanied minors shall never be detained in prison accommodation. 

 2013/33/EU (adapted) 
 new 

As far as possible, unaccompanied minors shall be provided with accommodation in 
institutions  provided  with  personnel  and  facilities  which   who   take  into 
account  the   rights  and   needs  of  persons  of  their  age   and  facilities  
 adapted to unaccompanied minors  . 

 2013/33/EU 

4. 

5. 

Where unaccompanied minors are detained, Member States shall ensure that they are 
accommodated separately from adults. 

Detained  families  shall  be  provided  with  separate  accommodation  guaranteeing 
adequate privacy. 

Where  female  applicants  are  detained,  Member  States  shall  ensure  that  they  are 
accommodated separately from male applicants, unless the latter are family members 
and all individuals concerned consent thereto. 

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. 

In duly justified cases and for a reasonable period that shall be as short as possible 
Member States may derogate from the third subparagraph of paragraph 2, paragraph 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4  and  the  first  subparagraph  of  paragraph  5,  when  the  applicant  is  detained  at  a 
border post or in a transit zone, with the exception of the cases referred to in Article 
43  41  of  Directive  2013/32/EU  Regulation  (EU)  No  XXX/XXX [Procedures 
Regulation]. 

Article 12 

Families 

Member States shall take appropriate measures to maintain as far as possible family unity as 
present  within  their  territory,  if  applicants  are  provided  with  housing  by  the  Member  State 
concerned. Such measures shall be implemented with the applicant’s agreement. 

Article 13 

Medical screening 

Member States may require medical screening for applicants on public health grounds.  

Article 14 

Schooling and education of minors 

1. 

Member States shall grant to minor children of applicants and to applicants who are 
minors access to the education system under similar conditions as their own nationals 
for  so  long  as  an  expulsion  measure  against  them  or  their  parents  is  not  actually 
enforced. Such education may be provided in accommodation centres. 

The Member State concerned may stipulate that such access must be confined to the 
State education system. 

Member  States  shall  not  withdraw  secondary  education  for  the  sole  reason  that  the 
minor has reached the age of majority. 

2. 

Access  to  the  education  system  shall  not  be  postponed  for  more  than  three  months 
from the date on which the application for international protection was lodged by or 
on behalf of the minor. 

Preparatory classes, including language classes, shall be provided to minors where it 
is necessary to facilitate their access to and participation in the education system as 
set out in paragraph 1. 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
3. 

Where access to the education system as set out in paragraph 1 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. 

 2013/33/EU 
 new 

Article 15 

Employment 

1. 

Member States shall ensure that applicants have access to the labour market no later 
than 9  6  months from the date when the application for international protection 
was  lodged  if  a  first  instance   an  administrative    decision  by  the  competent 
authority has not been taken and the delay cannot be attributed to the applicant. 

 new 

Where  the  Member  State  has  accelerated  the  examination  on  the  merits  of  an 
application  for  international  protection  in  accordance  with  points  [(a)  to  (f)]  of 
Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation], access to 
the labour market shall not be granted.  

 2013/33/EU (adapted) 
 new 

2.  

Member States  shall  decide the conditions  for granting  access to  the labour  market 
for the applicant, in accordance with their national law, while ensuring  ensure  
that applicants , who have been granted access to the labour market in accordance 
with paragraph 1,  have effective access to the labour market.  

For reasons of labour market policies, Member States may give priority to  verify 
whether a vacancy could be filled by nationals of the Member State concerned or by 
other    Union  citizens,  and  nationals  of  States  parties  to  the  Agreement  on  the 
European  Economic  Area,  and  to  legally  resident   or  by   third-country 
nationals  lawfully residing in that Member State .  

 new 

3. 

Member  States  shall  provide  applicants  with  equal  treatment  with  nationals  as 
regards:  

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
(a)  working conditions, including pay and dismissal, 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,  except  study  and  maintenance  grants  and 
loans or other grants and loans related to education and vocational training;  

(d)  

formal 
recognition  of  diplomas,  certificates  and  other  evidence  of 
qualifications  in  the  context  of  existing  procedures  for  recognition  of  foreign 
qualifications,  while  facilitating,  to  the  extent  possible,  full  access  for  those 
applicants who cannot provide documentary evidence of their qualifications to 
appropriate  schemes  for  the  assessment,  validation  and  accreditation  of  their 
prior learning. 

(e)   branches of social security, as defined in Regulation (EC) No 883/2004. 

Member States may restrict equal treatment of applicants:  

(i) 

pursuant  to  point  (b)  of  this  paragraph,  by  excluding  them  from  taking 
part  in  the  management  of  bodies  governed  by  public  law  and  from 
holding an office governed by public law; 

(ii)  pursuant  to  point  (c)  of  this  paragraph,  to  education  and  vocational 
training which is directly linked to a specific employment activity;  

(iii)  pursuant to point (e) of this paragraph by excluding family benefits and 
unemployment  benefits,  without  prejudice  to  Regulation  (EU)  No 
1231/2010. 

The right to equal treatment shall not give rise to a right to reside in cases where a 
decision  taken  in  accordance  with  Regulation  (EU)  No  XXX/XXX  [Procedures 
Regulation] has terminated the applicant's right to remain.  

 2013/33/EU 

4.3. 

Access to the labour market shall not be withdrawn during appeals procedures, where 
an  appeal  against  a  negative  decision  in  a  regular  procedure  has  suspensive  effect, 
until such time as a negative decision on the appeal is notified. 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
5. 

1. 

2. 

1. 

2. 

 new 

Where applicants have been granted access to the labour market in accordance with 
paragraph 1, Member States shall ensure that the applicant's document as referred to 
in Article [29] of Regulation (EU) No XXX/XXX [Procedures Regulation] state that 
the applicant has permission to take up gainful employment. 

 2013/33/EU (adapted) 

Article 16 

Vocational training 

Member  States  may  allow  applicants  access  to  vocational  training  irrespective  of 
whether they have access to the labour market. 

Access to vocational training relating to an employment contract shall depend on the 
extent  to  which  the  applicant  has  access  to  the  labour  market  in  accordance  with 
Article 15. 

 2013/33/EU (adapted) 
 new 

Article 17 16 

General rules on material reception conditions and health care 

Member  States  shall  ensure  that  material  reception  conditions  are  available  to 
applicants when  from the moment  they make their application for international 
protection   in  accordance  with  Article  [25]  of  Regulation  (EU)  No  XXX/XXX 
[Procedures Regulation] . 

 2013/33/EU 

Member  States  shall  ensure  that  material  reception  conditions  provide  an  adequate 
standard  of  living  for  applicants,  which  guarantees  their  subsistence  and  protects 
their physical and mental health. 

EN 

49 

   EN 

 
 
 
 
 
 
 
 
 2013/33/EU (adapted) 
 new 

3. 

4. 

5. 

Member States shall ensure that that standard of living is met in the specific situation 
of  vulnerable  persons   applicants  with  special  reception  needs,  in  accordance 
with Article 21, as well as in relation to the situation of persons who are in detention. 

Member  States  may  make  the  provision  of  all  or  some  of  the  material  reception 
conditions  and  health  care  subject  to  the  condition  that  applicants  do  not  have 
sufficient means to have a standard of living adequate for their health and to enable 
their subsistence. 

Member  States  may  require  applicants  to  cover  or  contribute  to  the  cost  of  the 
material  reception  conditions  and  of  the  health  care  provided  for  in  this  Directive, 
pursuant to the provision of paragraph 3, if the applicants have sufficient resources, 
for example if they have been working for a reasonable period of time. 

If  it  transpires  that  an  applicant  had  sufficient  means  to  cover  material  reception 
conditions  and  health  care  at  the  time  when  those  basic  needs  were  being  covered, 
Member States may ask the applicant for a refund. 

 new 

When assessing the resources of an applicant, when  requiring an applicant to cover 
or  contribute  to  the  cost  of  the  material  reception  conditions  or  when  asking  an 
applicant for a refund in accordance with paragraph 4, Member States shall observe 
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.  Member  States 
shall  in  all  circumstances  ensure  that  the  applicant  is  provided  with  a  standard  of 
living  which  guarantees  his  or  her  subsistence  and  protects  his  or  her  physical  and 
mental health.  

 2013/33/EU 
 new 

6.5.  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 
level(s) established by the Member State concerned either by law or by the practice 
to  ensure  adequate  standards  of  living  for  nationals.  Member  States  may  grant  less 

EN 

50 

   EN 

 
 
 
 
  
 
 
 
 
 
 
 
 
favourable  treatment  to  applicants  compared  with  nationals  in  this  respect,  in 
particular  where  material  support  is  partially  provided  in  kind  or  where  those 
level(s),  applied  for  nationals,  aim  to  ensure  a  standard  of  living  higher  than  that 
prescribed  for  applicants  under  this  Directive.   Member  States  shall  inform  the 
Commission and the European Union Agency for Asylum of the levels of reference 
applied by national law or practice with a view to determining the level of financial 
assistance provided to applicants in accordance with this paragraph.  

 2013/33/EU (adapted) 
 new 

Article 18 17 

Modalities for material reception conditions 

1. 

Where  housing  is  provided  in  kind,  it  should   shall    supply  an  adequate 
standard of living and  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 which guarantee an adequate standard of living; 

(c) 

private houses, flats, hotels or other premises adapted for housing applicants. 

 2013/33/EU 

2. 

Without prejudice to any specific conditions of detention as provided for in Articles 
10  and  11,  in  relation  to  housing  referred  to  in  paragraph  1(a),  (b)  and  (c)  of  this 
Article Member States shall ensure that: 

(a) 

(b) 

(c) 

applicants are guaranteed protection of their family life; 

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; 

family  members,  legal  advisers  or  counsellors,  persons  representing  UNHCR 
and relevant non-governmental organisations recognised by the Member State 
concerned are granted access  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. 

EN 

51 

   EN 

 
 
 
 
 2013/33/EU 
 new 

Member States shall take into consideration gender and age-specific concerns and the 
situation  of  vulnerable  persons  in  relation  to  applicants   with  special  reception 
needs  when  providing  material  reception  conditions    within  the  premises  and 
accommodation centres referred to in paragraph 1(a) and (b). 

Member States shall take appropriate measures to prevent assault and gender-based 
and  harassment   when  providing 
violence, 
accommodation   ,  within  the  premises  and  accommodation  centres  referred  to  in 
paragraph 1(a) and (b).  

including 

assault 

sexual 

 2013/33/EU 

Member States shall ensure, as far as possible, 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 law or by the practice of the Member State concerned. 

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. 

 2013/33/EU 
 new 

Persons   providing  material  reception  conditions,  including  those   working  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. 

Member States may involve applicants in managing the material resources and non-
material  aspects  of  life  in  the  centre  through  an  advisory  board  or  council 
representing residents. 

 2013/33/EU 

3. 

4. 

5. 

6. 

7. 

8. 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
9. 

In duly justified cases, Member States may exceptionally set modalities for material 
reception conditions different from those provided for in this Article, for a reasonable 
period which shall be as short as possible, when: 

(a) 

an assessment of the specific needs of the applicant is required, in accordance 
with Article 22 21; 

(b)  housing capacities normally available are temporarily exhausted. 

 2013/33/EU (adapted) 
 new 

Such different conditions shall in any event  circumstances  cover basic needs 
 ensure access to health care in accordance with Article 18 and a dignified standard 
of living for all applicants  . 

 new 

When  resorting  to  those  exceptional  measures,  the  Member  State  concerned  shall 
inform  the  Commission  and  the  European  Union  Agency  for  Asylum.  It  shall  also 
inform the Commission and the European Union Agency for Asylum as soon as the 
reasons for applying these exceptional measures have ceased to exist. 

Article 17a 

Reception conditions in a Member State other than the one in which the applicant is 
required to be present 

1. 

An applicant shall not be entitled to the reception conditions set out in Articles 14 to 
17  in  any  Member  State  other  than  the  one  in  which  he  or  she  is  required  to  be 
present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].  

2. 

Member States shall ensure a dignified standard of living for all applicants.  

3.  

Pending the transfer under Regulation (EU) No XXX/XXX [Dublin Regulation] of a 
minor to the Member State responsible, Member States shall provide him or her with 
access to suitable educational activities.  

EN 

53 

   EN 

 
 
 
 
 
 
 
 2013/33/EU (adapted) 
 new 

Article 19 18  

Health care 

1.  

Member States shall ensure that applicants , irrespective of where they are required 
to  be  present  in  accordance  with  Regulation  (EU)  No  XXX/XXX  [Dublin 
Regulation],  receive  the  necessary  health  care  which  shall  include,  at  least, 
emergency care and essential treatment of illnesses and  , including  of serious 
mental disorders. 

2.  

Member States shall provide necessary medical or other assistance to applicants who 
have special reception needs, including appropriate mental health care where needed.  

 2013/33/EU 

 2013/33/EU (adapted) 
 new 

CHAPTER III 

 REPLACEMENT,  REDUCTION OR WITHDRAWAL OF MATERIAL 
RECEPTION CONDITIONS 

Article 20 19 

 Replacement,  Rreduction or withdrawal of material reception conditions 

1.  

 With  regard  to  applicants  who  are  required  to  be  present  on  their  territory  in 
accordance  with  Regulation  (EU)  No  XXX/XXX  [Dublin  Regulation],   Member 
States may  , in the situations described in paragraph 2 : 

 (a) 

replace  accommodation,  food,  clothing  and  other  essential  non-food  items 
provided  in  the  form  of  financial  allowances  and  vouchers,  with  material 
reception conditions provided in kind; or  

 new 

EN 

54 

   EN 

 
 
 
 
 
(b) 

reduce or, in exceptional and duly justified cases, withdraw material reception 
conditions  the daily allowances.   

2. 

 Paragraph 1 applies  where an applicant: 

 2013/33/EU (adapted) 
 new 

(a) 

abandons the place of residence determined by the competent authority without 
informing it or, if requested, without permission , or absconds ; or  

(b)  does not comply with reporting duties or with requests to provide information 
or to appear for personal interviews concerning the asylum procedure during a 
reasonable period laid down in national law; or 

(c) 

has lodged a subsequent application as defined in Article [4(2)(i)] of Directive 
2013/32/EU Regulation (EU) No XXX/XXX [Procedures Regulation]; or 

 (d)  has  concealed  financial  resources,  and  has  therefore  unduly  benefited  from 

material reception conditions; or  

 new 

 (e)  has seriously breached the rules of the accommodation centre or behaved in a 

seriously violent way; or  

(f) 

fails to attend compulsory integration measures; or 

(g)  has  not  complied  with  the  obligation  set  out  in  Article  [4(1)]  of  Regulation 
(EU) No XXX/XXX [Dublin Regulation] and has travelled to another Member 
State without adequate justification and made an application there; or  

(h)  has been sent back after having absconded to another Member State.  

 2013/33/EU (adapted) 
 new 

In  relation  to  cases points   (a)  and  (b),  when  the  applicant  is  traced  or 
voluntarily  reports  to  the  competent  authority,  a  duly  motivated  decision,  based  on 
the reasons for the disappearance, shall be taken on the reinstallation of the grant of 
some  or  all  of  the  material  reception  conditions    replaced,    withdrawn  or 
reduced. 

2. 

Member  States  may  also  reduce  material  reception  conditions  when  they  can 
establish  that  the  applicant,  for  no  justifiable  reason,  has  not  lodged  an  application 
for  international  protection  as  soon  as  reasonably  practicable  after  arrival  in  that 
Member State.  

EN 

55 

   EN 

 
 
 
 
 
 
3. 

4. 

3.5.  

Member  States  may  reduce  or  withdraw  material  reception  conditions  where  an 
applicant has concealed financial resources, and has therefore unduly benefited from 
material reception conditions.  

Member States  may  determine sanctions applicable to  serious breaches of the rules 
of the accommodation centres as well as to seriously violent behaviour.  

Decisions  for   replacement,   reduction  or  withdrawal  of  material  reception 
conditions or sanctions referred to in paragraphs 1, 2, 3 and 4 of this Article shall be 
taken  individually,  objectively  and  impartially   on  the  merits  of  the  individual 
case   and  reasons  shall  be  given.  Decisions  shall  be  based  on  the  particular 
situation  of  the  person  concerned,  especially  with  regard  to  persons  covered  by 
Article  21  applicants  with  special  reception  needs ,  taking  into  account  the 
principle  of  proportionality.  Member  States  shall  under  all  circumstances  ensure 
access  to  health  care  in  accordance  with  Article  19  18  and  shall  ensure  a  dignified 
standard of living for all applicants. 

4.6. 

Member States shall ensure that material reception conditions are not  replaced,  
withdrawn or reduced before a decision is taken in accordance with paragraph 3 5. 

CHAPTER IV 

PROVISIONS FOR VULNERABLE PERSONS  APPLICANTS WITH SPECIAL 
RECEPTION NEEDS  

Article 21 20 

 Applicants with special reception needs  General principle 

Member  States  shall  take  into  account  the  specific  situation  of   applicants  with  special 
reception  needs   vulnerable  persons  such  as  minors,  unaccompanied  minors,  disabled 
people, elderly people, pregnant women, single parents with minor children, victims of human 
trafficking,  persons  with  serious  illnesses,  persons  with  mental  disorders  and  persons  who 
have  been  subjected  to  torture,  rape  or  other  serious  forms  of  psychological,  physical  or 
sexual violence, such as victims of female genital mutilation in the national law implementing 
this Directive.  

Article 22 21 

Assessment of the special reception needs of vulnerable persons 

1. 

to  effectively 

In  order 
implement  Article  21  20,  Member  States  shall 
 systematically   assess  whether  the  applicant  is  an  applicant  with  special 
reception needs. Member States shall also indicate the nature of such needs. 

EN 

56 

   EN 

 
 
 
 
 
 
 
That  assessment  shall  be  initiated   as  early  as  possible   within  a  reasonable 
period  of  time  after  an  application  for  international  protection  is  made  and  may  be 
integrated  into  existing  national  procedures   or  into  the  assessment  referred  to  in 
Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member 
States  shall  ensure  that  those  special  reception  needs  are  also  addressed,  in 
accordance with  the provisions of this  Directive, if they become apparent at  a later 
stage in the asylum procedure. 

 2013/33/EU 

Member  States  shall  ensure  that  the  support  provided  to  applicants  with  special 
reception  needs  in  accordance  with  this  Directive  takes  into  account  their  special 
reception  needs  throughout  the  duration  of  the  asylum  procedure  and  shall  provide 
for appropriate monitoring of their situation. 

 new 

2. 

For the purposes of paragraph 1, Member States shall ensure that the personnel of the 
authorities referred to in Article 26:  

(a) 

(b) 

(c) 

are  trained  and  continues  to  be  trained  to  detect  first  signs  that  an  applicant 
requires  special  receptions  conditions  and  to  address  those  needs  when 
identified;  

include  information  concerning  the  applicant's  special  reception  needs  in  the 
applicant's file, together with the indication of the signs referred to in point (a) 
as well as recommendations as to the type of support that may be needed by the 
applicant;  

refer  applicants  to  a  doctor  or  a  psychologist  for  further  assessment  of  their 
psychological  and  physical  state  where  there  are  indications  that  applicants 
may  have  been  victim  of  torture,  rape  or  of  another  serious  form  of 
psychological,  physical  or  sexual  violence  and  that  this  could  affect  the 
reception needs of the applicant; and 

(d) 

take into account the result of that examination when deciding on the type of 
special reception support which may be provided to the applicant.  

 2013/33/EU 
 new 

EN 

57 

   EN 

 
 
 
 
 
 
 
 
3.2. 

The assessment referred to in paragraph 1 need not take the form of an administrative 
procedure. 

4.3. 

Only  vulnerable  persons  in  accordance  with  Article  21   applicants  with  special 
reception  needs   may  be  considered  to  have  special  reception  needs  and  thus 
benefit from the specific support provided in accordance with this Directive. 

 2013/33/EU 

5.4. 

The  assessment  provided  for  in  paragraph  1  shall  be  without  prejudice  to  the 
assessment  of  international  protection  needs  pursuant  to  Directive  2011/95/EU 
Regulation (EU) No XXX/XXX [Qualification Regulation]. 

Article 23 22 

Minors 

1. 

2. 

3. 

4. 

The  best  interests  of  the  child  shall  be  a  primary  consideration  for  Member  States 
when  implementing  the  provisions  of  this  Directive  that  involve  minors.  Member 
States  shall  ensure  a  standard  of  living  adequate  for  the  minor’s  physical,  mental, 
spiritual, moral and social development. 

In assessing the best interests of the child, Member States shall in particular take due 
account of the following factors: 

(a) 

(b) 

(c) 

family reunification possibilities; 

the  minor’s  well-being  and  social  development,  taking  into  particular 
consideration the minor’s background; 

safety  and  security  considerations,  in  particular  where  there  is  a  risk  of  the 
minor being a victim of human trafficking; 

(d) 

the views of the minor in accordance with his or her age and maturity. 

Member  States  shall  ensure  that  minors  have  access  to  leisure  activities,  including 
play  and  recreational  activities  appropriate  to  their  age  within  the  premises  and 
accommodation  centres  referred  to  in  Article  18  17(1)(a)  and  (b)  and  to  open-air 
activities. 

Member  States  shall  ensure  access  to  rehabilitation  services  for  minors  who  have 
been  victims  of  any  form  of  abuse,  neglect,  exploitation,  torture  or  cruel,  inhuman 
and degrading treatment, or who have suffered from armed conflicts, and ensure that 
appropriate  mental  health  care  is  developed  and  qualified  counselling  is  provided 
when needed. 

EN 

58 

   EN 

 
 
 
 
 
 
 
5. 

46. 

1.  

 2013/33/EU (adapted) 

Member States shall ensure that minor children of applicants or applicants who are 
minors are lodged with their parents, their unmarried minor siblings or with the adult 
responsible for them  and their unmarried minor siblings  whether by law or by 
the practice of the Member State concerned, provided it is in the best interests of the 
minors concerned. 

Those  working   with  minors,  including   with  unaccompanied  minors,   shall 
not have a verified record of child-related crimes or offenses and  shall have had 
and shall continue to receive  continuous and  appropriate training concerning 
 the  rights  and   their  needs   of  unaccompanied  minors,  including  concerning 
any  applicable  child  safeguarding  standards   ,  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. 

 2013/33/EU (adapted) 
 new 

Article 24 23 

Unaccompanied minors 

Member States shall as soon as possible  and no later than five working days from 
the  moment  when  an  unaccompanied  minor  makes  an  application  for  international 
protection  take measures to ensure that a guardian  representative represents 
and assists the unaccompanied minor to enable him or her to benefit from the rights 
and  comply  with  the  obligations  provided  for  in  this  Directive.   The  guardian 
appointed  in  accordance  with  Article  [22]  of  Regulation  (EU)  No  XXX/XXX 
[Procedures  Regulation]  may  perform  those  tasks.   The  unaccompanied  minor 
shall  be  informed  immediately  of  the  appointment  of  the    guardian   
representative.  Where an organisation is appointed as guardian, it shall designate 
a  person  responsible  for  carrying  out  the  duties  of  guardian  in  respect  of  the 
unaccompanied  minor,  in  accordance  with  this  Directive.   The    guardian   
representative shall perform his or her duties in accordance with the principle of the 
best  interests  of  the  child,  as  prescribed  in  Article  22  23(2),  and  shall  have  the 
necessary expertise to that end  and shall not have a verified record of child-related 
crimes  or  offences .  In  order  to  ensure  the  minor’s  well-being  and  social 
development referred to in Article 22 23(2)(b), the person acting as  guardian  
representative  shall  be  changed  only  when  necessary.  Organisations  or  individuals 
whose 
the 
unaccompanied  minor  shall  not  be  eligible to  become   appointed  as  guardians   
representatives.  

interests  conflict  or  could  potentially  conflict  with 

those  of 

EN 

59 

   EN 

 
 
 
 
 
 
Regular  assessments  shall  be  made  by  the  appropriate  authorities,  including  as 
regards the availability of the necessary means for representing the unaccompanied 
minor. 

 new 

Member  States  shall  ensure  that  a  guardian  is  not  placed  in  charge  of  a 
disproportionate  number  of  unaccompanied  minors  at  the  same  time  that  would 
render him or her unable to perform his or her tasks effectively. Member States shall 
appoint  entities  or  persons  responsible  for  monitoring  at  regular  intervals  that 
guardians perform their tasks in a satisfactory manner. Those entities or persons shall 
also  have  the  competence  to  review  complaints  lodged  by  unaccompanied  minors 
against their guardian. 

 2013/33/EU 

2. 

Unaccompanied  minors  who  make  an  application  for  international  protection  shall, 
from the moment they are admitted to the territory until the moment when they are 
obliged  to  leave  the  Member  State  in  which  the  application  for  international 
protection was made or is being examined, be placed: 

(a)  with adult relatives; 

(b)  with a foster family; 

(c) 

in accommodation centres with special provisions for minors; 

(d) 

in other accommodation suitable for minors. 

Member States may place unaccompanied minors aged 16 or over in accommodation 
centres for adult applicants, if it is in their best interests, as prescribed in Article 22 
23(2). 

As  far  as  possible,  siblings  shall  be  kept  together,  taking  into  account  the  best 
interests  of  the  minor  concerned  and,  in  particular,  his  or  her  age  and  degree  of 
maturity.  Changes  of  residence  of  unaccompanied  minors  shall  be  limited  to  a 
minimum. 

3. 

Member States shall start tracing the members of the unaccompanied minor’s family, 
where necessary with the assistance of international or other relevant organisations, 
as  soon  as  possible  after  an  application  for  international  protection  is  made,  whilst 
protecting his or her best interests. In cases where there may be a threat to the life or 
integrity of the minor or his or her close relatives, particularly if they have remained 
in the country of origin, care must be taken to ensure that the collection, processing 
and  circulation  of  information  concerning  those  persons  is  undertaken  on  a 
confidential basis, so as to avoid jeopardising their safety. 

EN 

60 

   EN 

 
 
 
 
 
 
 
 
1. 

2. 

1. 

 2013/33/EU 
 new 

Article 25 24 

Victims of torture and violence 

Member States shall ensure that persons who have been subjected to  gender-based 
harm,   torture,  rape  or  other  serious  acts  of  violence  receive  the  necessary 
treatment  for  the  damage  caused  by  such  acts,  in  particular  access  to  appropriate 
medical and psychological treatment or care. 

 2013/33/EU  

Those  working  with  victims  of  torture,  rape  or  other  serious  acts  of  violence  shall 
have  had  and  shall  continue  to  receive  appropriate  training  concerning  their  needs, 
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. 

 2013/33/EU 
 new 

CHAPTER V 

APPEALS 

Article 26 25 

Appeals 

Member States shall ensure that decisions relating to the granting,  replacement  
withdrawal  or  reduction  of  benefits  under  this  Directive  or  decisions  taken  under 
Article 7 which affect applicants individually may be the subject of an appeal within 
the procedures laid down in national law. At least in the last instance the possibility 
of  an  appeal  or  a  review,  in  fact  and  in  law,  before  a  judicial  authority  shall  be 
granted. 

 2013/33/EU 

EN 

61 

   EN 

 
 
 
 
 
 
 
 
2. 

In cases of an appeal or a review before a judicial authority referred to in paragraph 
1,  Member  States  shall  ensure  that  free  legal  assistance  and  representation  is  made 
available  on  request in  so  far  as  such  aid  is  necessary to  ensure  effective  access to 
justice.  This  shall  include,  at  least,  the  preparation  of  the  required  procedural 
documents and participation in the hearing before the judicial authorities on behalf of 
the applicant. 

Free  legal  assistance  and  representation  shall  be  provided  by  suitably  qualified 
persons, as admitted or permitted under national law, whose interests do not conflict 
or could not potentially conflict with those of the applicant. 

3. 

Member  States  may  also  provide  that  free  legal  assistance  and  representation  are 
granted: 

(a) 

only to those who lack sufficient resources; and/or 

(b)  only  through  the  services  provided  by  legal  advisers  or  other  counsellors 
specifically designated by national law to assist and represent applicants. 

Member States may provide that free legal assistance and representation not be made 
available if the appeal or review is considered by a competent authority to have no 
tangible  prospect  of  success.  In  such  a  case,  Member  States  shall  ensure  that  legal 
assistance  and  representation  is  not  arbitrarily  restricted  and  that  the  applicant’s 
effective access to justice is not hindered. 

4. 

Member States may also: 

(a) 

impose  monetary  and/or  time  limits  on  the  provision  of  free  legal  assistance 
and representation, provided that such limits do not arbitrarily restrict access to 
legal assistance and representation; 

(b)  provide that, as  regards fees and  other costs, the treatment of applicants shall 
not be more favorable than the treatment generally accorded to their nationals 
in matters pertaining to legal assistance. 

5. 

6. 

Member  States  may  demand  to  be  reimbursed  wholly  or  partially  for  any  costs 
granted if and when the applicant’s financial situation has improved considerably or 
if  the  decision  to  grant  such  costs  was  taken  on  the  basis  of  false  information 
supplied by the applicant. 

Procedures  for  access  to  legal  assistance  and  representation  shall  be  laid  down  in 
national law. 

EN 

62 

   EN 

 
 
 
 
 
 
CHAPTER VI 

ACTIONS TO IMPROVE THE EFFICIENCY OF THE RECEPTION SYSTEM 

Article 27 26 

Competent authorities 

Each  Member  State  shall  notify  the  Commission  of  the  authorities  responsible  for  fulfilling 
the obligations arising under this Directive. Member States shall inform the Commission of 
any changes in the identity of such authorities. 

 2013/33/EU 
 new 

Article 28 27  

Guidance, monitoring and control system 

1. 

2. 

Member  States  shall,  with  due  respect  to  their  constitutional  structure,  put  in  place 
relevant  mechanisms  in  order  to  ensure  that  appropriate  guidance,  monitoring  and 
control  of  the  level  of  reception  conditions  are  established.    Member  States  shall 
take  into  account  [operational  standards  on  reception  conditions  and  indicators 
developed by the European Asylum Support Office / the European Union Agency for 
Asylum]  and  any  other  reception  conditions  operational  standards,  indicators  or 
guidelines  established  in  accordance  with  Article  [12]  of  Regulation  (EU)  No 
XXX/XXX [Regulation on the European Union Agency for Asylum].  

Member States shall submit relevant information to the Commission in the form set 
out  in  Annex  I,  by  20  July  2016  at  the  latest.  Member  States'  reception  systems 
shall be monitored and assessed in accordance with the procedure set out in [Chapter 
5]  of  Regulation  (EU)  No  XXX/XXX  [Regulation  on  the  European  Union  Agency 
for Asylum].   

 new 

Article 28 

Contingency planning 

EN 

63 

   EN 

 
 
 
 
 
 
 
1. 

2. 

Each  Member  State  shall  draw  up  a  contingency  plan  setting  out  the  planned 
measures  to  be  taken  to  ensure  an  adequate  reception  of  applicants  in  accordance 
with  this  Directive  in  cases  where  the  Member  State  is  confronted  with  a 
disproportionate number of applicants for international protection. The applicants for 
international  protection  are  to  be  understood  as  those  required  to  be  present  on  its 
territory,  including  those  for  whom  the  Member  State  is  responsible  in  accordance 
with  Regulation  (EU)  No  XXX/XXX  [Dublin  Regulation],  taking  into  account  the 
corrective allocation mechanism outlined in Chapter VII of that Regulation.  

The first contingency plan shall be completed, using a template to be developed by 
the European Union Agency for Asylum, and shall be notified to the European Union 
Agency for Asylum at the latest by [6 months after entry into force of this Directive]. 
An  updated  contingency  plan  shall  be  notified  to  the  European  Union  Agency  for 
Asylum every two years thereafter. The Member States shall inform the Commission 
and  the  European  Union  Agency  for  Asylum  whenever  its  contingency  plan  is 
activated. 

 3. 

The  contingency  plans,  and  in  particular  the  adequacy  of  the  measures  taken 
according  to  the  plans,  shall  be  monitored  and  assessed  in  accordance  with  the 
procedure set out in [Chapter 5] of Regulation (EU) No XXX/XXX [Regulation on 
the European Union Agency for Asylum].  

 2013/33/EU (adapted) 
 new 

Article 29 

Staff and resources 

1. 

Member  States  shall  take  appropriate  measures  to  ensure  that  authorities  and  other 
organisations implementing this Directive have received the necessary basic training 
with respect to the needs of both male and female applicants.  To that end, Member 
States  shall  integrate  the  European  asylum  curriculum  developed  by  the  European 
Union  Agency  for  Asylum  into  the  training  of  their  personnel  in  accordance  with 
Regulation  (EU)  No  XXX/XXX  [Regulation  on  the  European  Union  Agency  for 
Asylum]. 

2. 

Member States shall allocate the necessary resources in connection with the national 
law implementing this Directive. 

EN 

64 

   EN 

 
 
 
 
 
CHAPTER VII 

FINAL PROVISIONS 

Article 30 

Reports  Monitoring and evaluation  

By  20  July  2017    [three  years after  the  entry  into  force of  this  Directive]    at the  latest, 
 and at least every five years thereafter,  the Commission shall  present a   report 
to  the  European  Parliament  and  the  Council  on  the  application  of  this  Directive  and  shall 
propose any amendments that are necessary. 

Member  States  shall   at  the  request  of  the  Commission   send  the  Commission  all  the 
 necessary  information that is appropriate for drawing up the report by 20 July 2016  
[two years after the entry into force of this Directive] and every five years thereafter .  

After presenting the first report, the Commission shall report to the European Parliament and 
the Council on the application of this Directive at least every five years. 

Article 31 

Transposition 

1.  

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with Articles 1 to 12, 14 to 28 and 30 and Annex I 
 1 to 8, 11, 15 to 25 and 27 to 30  by 20 July 2015  [6 months after the entry 
into force of this Directive]  at the latest. They shall forthwith  immediately  
the 
the 
to 
communicate 
Commission . 

those  measures   to 

the  Commission 

text  of 

When Member States adopt those measures  provisions  , they shall contain a 
reference to this Directive or be accompanied by such a reference on the occasion of 
their  official  publication.  They  shall  also  include  a  statement  that  references  in 
existing laws, regulations and administrative provisions to the dDirective repealed by 
this Directive shall be construed as references to this Directive. Member States shall 
determine  how  such  reference  is  to  be  made  and  how  that  statement  is  to  be 
formulated. 

2.  

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

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Article 32 

Repeal 

Directive  2003/9/EC   2013/33/EU   is  repealed,  for  the  Member  States  bound  by  this 
Directive, with effect from 21 July 2015  [the day after the date in the first subparagraph 
of Article 31(1)] , without prejudice to the obligations of the Member States relating to the 
time-limit for transposition into national law of the Directive set out in Annex I II, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table  set out  in Annex IIIII. 

Article 33 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Articles 13 and 29 shall apply from 21 July 2015. 

Article 34 

Addressees 

This Directive is addressed to the Member States in accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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 2013/33/EU 

ANNEX I 

Reporting  form  on  the  information  to  be  submitted  by  Member  States,  as  required 
under Article 28(2) 

After the date referred to in Article 28(2), the information to be submitted by Member States 
shall be re-submitted to the Commission when there is a substantial change in the national law 
or practice that supersedes the information provided. 

1. 

2. 

3. 

4. 

5. 

On  the  basis  of  Articles  2(k)  and  22,  please  explain  the  different  steps  for  the 
identification of persons with special reception needs, including the moment when it 
is  triggered and  its  consequences  in  relation  to  addressing  such  needs, in  particular 
for  unaccompanied  minors,  victims  of  torture,  rape  or  other  serious  forms  of 
psychological, physical or sexual violence and victims of human trafficking. 

Provide full information on the type, name and format of the documents provided for 
in Article 6. 

With  reference  to  Article  15,  please  indicate  the  extent  to  which  any  particular 
conditions  are  attached  to  labour  market  access  for  applicants,  and  describe  such 
restrictions in detail. 

With reference to Article 2(g), please describe how material reception conditions are 
provided (i.e. which material reception conditions are provided in kind, in money, in 
vouchers  or  in  a  combination  of  those  elements)  and  indicate  the level  of  the  daily 
expenses allowance provided to applicants. 

Where  applicable,  with  reference  to  Article  17(5),  please  explain  the  point(s)  of 
reference applied by national law or practice with a view to determining the level of 
financial assistance provided to applicants. To the extent that there is less favourable 
treatment of applicants compared with nationals, explain the reasons for it. 

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 2013/33/EU (adapted) 

ANNEX III 

PART A 

Repealed Directive 

(referred to in Article 32) 

Council Directive 2003/9/EC 

(OJ L 31, 6.2.2003, p. 18). 

PART B 

Time-limit for transposition into national law 

(referred to in Article 31) 

Directive 

Time-limit for transposition 

2003/9/EC 

6 February 2005 

 2013/33/EU   

 20 July 2015   

_____________  

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 2013/33/EU (adapted) 

ANNEX III 

Correlation Table 

Directive 2003/9/EC 

Article 1 

This Directive 

Article 1 

Article 2, introductory wording 

Article 2, introductory wording 

Article 2(a) 

Article 2(b) 

— 

Article 2(c) 

— 

— 

Article 2(a) 

Article 2(b) 

Article 2(d), introductory wording 

Article 2(c), introductory wording 

Article 2(d)(i) 

Article 2(d)(ii) 

— 

Article 2(e), (f) and (g) 

— 

Article 2(h) 

Article 2(i) 

Article 2(j) 

Article 2(k) 

Article 2(l) 

— 

— 

Article 3 

Article 4 

Article 2(c), first indent 

Article 2(c), second indent 

Article 2(c), third indent 

— 

Article 2(d) 

Article 2(e) 

Article 2(f) 

Article 2(g) 

Article 2(h) 

Article 2(i) 

Article 2(j) 

Article 2(k) 

Article 3 

Article 4 

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Article 5 

Article 6(1) to (5) 

— 

Article 5 

Article 6(1) to (5) 

Article 6(6) 

Article 7(1) and (2) 

Article 7(1) and (2) 

Article 7(3) 

Article 7(4) to (6) 

— 

— 

— 

— 

Article 8 

Article 9 

Article 10(1) 

Article 10(2) 

— 

Article 10(3) 

Article 11(1) 

— 

Article 11(2) 

Article 11(3) 

Article 11(4) 

Article 12 

— 

Article 7(3) to (5) 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14(1) 

Article 14(2), first subparagraph 

Article 14(2), second subparagraph 

Article 14(3) 

— 

Article 15(1) 

Article 15(2) 

Article 15(3) 

— 

Article 16 

Article 13(1) to (4) 

Article 17(1) to (4) 

Article 13(5) 

— 

— 

Article 17(5) 

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Article 14(1) 

Article 18(1) 

Article  14(2),  first  subparagraph,  introductory 
wording, points (a) and (b) 

Article  18(2),  introductory  wording,  points 
(a) and (b) 

Article 14(7) 

— 

Article 18(2)(c) 

Article 18(3) 

Article 14(2), second subparagraph 

Article 18(4) 

Article 14(3) 

— 

Article 14(4) 

Article 14(5) 

Article 14(6) 

— 

Article 18(5) 

Article 18(6) 

Article 18(7) 

Article 18(8) 

Article  14(8),  first  subparagraph,  introductory 
wording, first indent 

Article 
18(9), 
introductory wording, point (a) 

first 

subparagraph, 

Article 14(8), first subparagraph, second indent  — 

Article 14(8), first subparagraph, third indent 

Article 18(9), first subparagraph, point (b) 

Article 14(8), first subparagraph, fourth indent  — 

Article 14(8), second subparagraph 

Article 18(9), second subparagraph 

Article 15 

Article 19 

Article 16(1), introductory wording 

Article 20(1), introductory wording 

Article 16(1)(a), first subparagraph, first, second 
and third indents 

Article 20(1), first subparagraph, points (a), 
(b) and (c) 

Article 16(1)(a), second subparagraph 

Article 20(1), second subparagraph 

Article 16(1)(b) 

Article 16(2) 

— 

Article 16(3) to (5) 

Article 17(1) 

— 

— 

Article 20(2) and (3) 

Article 20(4) to (6) 

Article 21 

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Article 17(2) 

— 

Article 18(1) 

— 

Article 18(2) 

— 

Article 19 

Article 20 

— 

Article 21(1) 

— 

Article 21(2) 

Article 22 

— 

Article 23 

— 

Article 24 

Article 25 

Article 26 

— 

Article 27 

— 

Article 28 

— 

— 

— 

Article 22 

Article 23(1) 

Article 23(2) and (3) 

Article 23(4) 

Article 23(5) 

Article 24 

Article 25(1) 

Article 25(2) 

Article 26(1) 

Article 26(2) to (5) 

Article 26(6) 

— 

Article 27 

Article 28(1) 

Article 28(2) 

Article 29 

Article 30 

Article 31 

Article 32 

Article 33, first subparagraph 

Article 33, second subparagraph 

Article 34 

Annex I 

Annex II 

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— 

Annex III 

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 

ANNEX II 

Correlation Table 

Directive 2013/33/EU 

This Directive 

Article 1 

Article 1 

Article 2, introductory wording 

Article 2, introductory wording 

Article 2(a) 

Article 2(b) 

Article 2(c) 

Article 2(d) 

Article 2(e) 

Article 2(f) 

Article 2(g) 

Article 2(h) 

Article 2(i) 

— 

— 

Article 2(j) 

Article 2(k) 

Article 3 

Article 4 

Article 5 

Article 6(1)-(4) 

Article 6(5) 

EN 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 2(8) 

Article 2(9) 

Article 2(10) 

Article 2(11) 

Article 2(12) 

Article 2(13) 

Article 3 

Article 4 

Article 5 

— 

Article 6 

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Article 6(6) 

Article 7(1) 

Article 7(2) 

— 

— 

Article 7(3) 

Article 7(4)-(5) 

— 

Article 8(1)-(2) 

— 

Article 7(1) 

Article 7(2), first subparagraph 

Article 7(2), second subparagraph 

Article 7(3) 

Article 7(6) 

Article 7(4)-(5) 

Article 7(7)-(8) 

Article 8(1)-(2) 

Article 8(3), points (a) and (b) 

Article 8(3), points (a) and (b) 

— 

Article 8(3), point (c)  

Article 8(3), point (c)  

Article 8(3), point (d)  

Article 8(3), point (d)  

Article 8(3), point (e)  

Article 8(3), point (e)  

Article 8(3), point (f)  

Article 8(3), point (f)  

Article 8(3), point (g)  

Article 8(3), second subparagraph 

Article 8(3), second subparagraph 

Article 8(4) 

Article 8(4) 

Articles 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15(1) 

— 

Articles 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15(1), first subparagraph 

Article 15(1), second subparagraph 

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Article 15(2) 

— 

Article 15(3) 

— 

Article 16 

Article 15(2) 

Article 15(3) 

Article 15(4) 

Article 15(5) 

— 

Article 17(1)-(4) 

Article 16 (1)-(4) 

— 

Article 17(5) 

Article 18(1)-(8) 

Article 16(5) 

Article 16(6) 

Article 17(1)-(8) 

Article 18(9), first and second subparagraphs   Article 17(9), first and second subparagraphs  

— 

— 

Article 19  

Article 17(9), third subparagraph 

Article 17a 

Article 18 

Article 20, introductory wording 

Article 19(1) 

Article 20(1), first subparagraph, points (a)-(c) Article 19(2), first subparagraph, points (a)-(c) 

— 

Article 19(2), first subparagraph, point (e)-(h) 

Article 20(1), second subparagraph 

Article 19(2), second subparagraph 

Article 20(2) 

Article 20(3) 

Article 20(4) 

Article 20(5) 

Article 20(6) 

Article 21 

Article 22(1) 

— 

— 

Article 19(2), first subparagraph, point (d) 

— 

Article 19(3) 

Article 19(4) 

Article 20 

Article 21(1) 

Article 21(2) 

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Article 22(2)-(4) 

Article 23(1)-(5) 

— 

Article 21(3)-(5) 

Article 22(1)-(5) 

Article 22(6) 

Article 24(1), first subparagraph 

Article 23(1), first subparagraph 

Article 24(1), second subparagraph 

— 

— 

Article 24(2)-(3) 

Article 24(4) 

Article 25 

Article 26 

Article 27 

Article 28 

— 

Article 29 

Article 30(1)-(2) 

Article 30(3) 

Article 31 

Article 32 

Article 33(1) 

Article 33(2) 

Article 34 

Annex I 

Annex II 

Annex III 

Article 23(1), second subparagraph 

Article 23(2)-(3) 

Article 22(6) 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30(1)-(2) 

— 

Article 31 

Article 32 

Article 33 

— 

Article 34 

— 

Annex I 

Annex II 

_____________ 

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