Article 1 Subject matter
This Directive lays down standards for the reception of applicants for international protection in Member States.
Article 2 Definitions
For the purposes of this Directive, the following definitions apply: (1) ‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status; (2) ‘applicant’ means a third-country national or stateless person who has made an application for international protection in respect of which a final decision has not yet been taken; (3) ‘family members’ means, in so far as the family already existed before the applicant arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the same Member State during the procedure for international protection: (a) 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 as equivalent to married couples; (b) the minor or adult dependent children of the couples, as referred to in point (a) or of the applicant, provided that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as provided for under national law; a minor is considered unmarried provided that, on the basis of an individual assessment, the minor’s marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, having regard, in particular, to the legal age of marriage; (c) where the applicant is minor and unmarried, the father, mother or another adult responsible for that applicant, including an adult sibling, whether by the law or practice of the Member State concerned; a minor is considered unmarried provided that, on the basis of an individual assessment, the minor’s marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, having regard, in particular, to the legal age of marriage; (4) ‘minor’ means a third-country national or stateless person below the age of 18 years; (5) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by the law or practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States; (6) ‘reception conditions’ means the full set of measures that Member States grant to applicants in accordance with this Directive; (7) ‘material reception conditions’ means the reception conditions that include housing, food, clothing and personal hygiene products provided in kind, as financial allowances, in vouchers, or as a combination thereof, as well as a daily expenses allowance; (8) ‘daily expenses allowance’ means an allowance provided to applicants periodically to enable them to enjoy a minimum degree of autonomy in their daily life, provided as a monetary amount, in vouchers, in kind, or as a combination thereof provided that such an allowance includes a monetary amount; (9) ‘detention’ means the confinement of an applicant by a Member State within a particular place, where the applicant is deprived of his or her freedom of movement; (10) ‘accommodation centre’ means any place used for the collective housing of applicants; (11) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national law, to believe that an applicant might abscond; (12) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without permission from the competent authorities, for reasons which are not beyond the applicant’s control; (13) ‘representative’ means a natural person or an organisation, including a public authority, appointed by the competent authorities, with the necessary skills and expertise, including with regard to the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard the best interests and general well-being of that unaccompanied minor and so that the unaccompanied minor can benefit from the rights and comply with the obligations provided for in this Directive; (14) ‘applicant with special reception needs’ means an applicant who is in need of special conditions or guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive.
Article 3 Scope
1. This Directive 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 sea or in the transit zones of the Member States, provided that those third-country nationals and stateless persons are allowed to remain on the territory as applicants. This Directive also applies to family members of an applicant provided that those family members are covered by such an application for international protection in accordance with national law. 2. This Directive does not apply to requests for diplomatic or territorial asylum submitted to representations of Member States. 3. Member States may decide to apply this Directive in connection with procedures for deciding on applications for forms of protection other than those under Regulation (EU) 2024/1347.
Article 4 More favourable provisions
Member States may introduce or retain more favourable provisions as regards reception conditions for applicants as well as for family members and close relatives of applicants who are present in the same Member State provided that such family members and close relatives are dependent on the applicants, or for humanitarian reasons, insofar as those provisions are compatible with this Directive.
Article 5 Information
1. Member States shall provide applicants with information relating to the reception conditions set out in this Directive, including information specific to their reception systems, as soon as possible and in good time in order to effectively enable applicants to benefit from the rights and comply with the obligations provided for in this Directive. Member States shall in particular provide applicants with standard information relating to reception conditions set out in this Directive, using a template to be developed by the European Union Agency for Asylum (the ‘Asylum Agency’). That information shall be provided as soon as possible and no later than three days from the making of the application or within the timeframe for its registration in accordance with Regulation (EU) 2024/1348. Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and representation, including information on organisations or groups of persons that provide that legal assistance and representation free of charge, and organisations that might be able to help or inform them concerning the available reception conditions, including health care. 2. Member States shall ensure that the information referred to in paragraph 1 is provided in writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language and in a language that the applicant understands or is reasonably supposed to understand. Where necessary, that information shall also be provided orally or, where appropriate, in a visual form such as by using videos or pictograms, and shall be adapted to the applicant’s needs. In the case of an unaccompanied minor, Member States shall provide the information referred to in paragraph 1 in an age-appropriate manner and in a manner that ensures that the unaccompanied minor understands it, by using information materials specifically adapted to minors where appropriate. That information shall be provided in the presence of the representative of the unaccompanied minor or of the person suitable to provisionally act as a representative until the representative is appointed. In exceptional cases, a Member State may provide the information referred to in paragraph 1 to the applicant by means of an oral translation, or where appropriate in a visual form such as videos or pictograms, where: (a) it is not able to provide that information in writing within the time limit set out in that paragraph because the language that an applicant understands or is reasonably supposed to understand is a rare language; and (b) that applicant subsequently confirms that he or she understands the information provided. In cases referred to in the third subparagraph, the Member State shall as soon as possible obtain a translation of the information referred to in paragraph 1 in writing and provide it to the applicant, except where it is clear that such a provision is no longer needed.
Article 6 Documentation
1. Member States shall ensure that the applicant is provided with the document referred to in Article 29(1) of Regulation (EU) 2024/1348. 2. Member States shall not require applicants, for the sole reason that they are applicants for international protection or on the sole basis of their nationality, to provide unnecessary or a disproportionate amount of documentation or impose other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive. 3. Member States may provide applicants with a travel document only when serious humanitarian reasons or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration necessary for the reason for which it is issued.
Article 7 Organisation of reception systems
1. Member States may freely organise their reception systems in accordance with this Directive. Applicants may move freely within the territory of the Member State concerned. 2. Provided that all applicants benefit effectively from their rights under this Directive, Member States may allocate applicants to accommodation within their territory in order to manage their asylum and reception systems. 3. When allocating or re-allocating applicants to accommodation, Member States shall take into account objective factors, including family unity as referred to in Article 14 and applicants’ special reception needs. 4. The provision of material reception conditions by Member States may be made subject to the actual residence by the applicants in the accommodation to which they have been allocated in accordance with paragraph 2. 5. Member States may also put in place mechanisms to assess and address the needs of their reception systems, including mechanisms for the purpose of verifying that the applicants are actually residing in the accommodation allocated to them in accordance with paragraph 2. 6. Member States shall require applicants to provide the competent authorities with their current address, a telephone number where they may be reached and, if available, an electronic mail address. Member States shall also require applicants to notify such competent authorities of any change of address, telephone number or electronic mail address as soon as possible. 7. Member States shall not be required to take administrative decisions for the purpose of this Article.
Article 8 Allocation of applicants to a geographical area
1. Member States may allocate applicants to a geographical area within their territory in which they are able to move freely, for the duration of the procedure for international protection in accordance with Regulation (EU) 2024/1348. 2. Member States may allocate applicants to a geographical area within their territory pursuant to paragraph 1 only for the purpose of ensuring the swift, efficient and effective processing of their applications in accordance with Regulation (EU) 2024/1348 or the geographic distribution of those applicants, taking into account the capacities of the geographical areas concerned. Member States shall inform applicants in accordance with Article 5 of their allocation to a geographical area, including of the geographical boundaries of that area. 3. Member States shall ensure that applicants have effective access to their rights under this Directive and to the procedural guarantees in the procedure for international protection within the geographical area to which those applicants are allocated. That geographical area shall be sufficiently large, allow access to necessary public infrastructure and shall not affect the applicants’ unalienable sphere of private life. 4. Member States shall not be required to take administrative decisions for the purpose of paragraph 1. 5. Member States shall, upon the request of the applicant, grant that applicant permission to temporarily leave the geographical area for duly justified urgent and serious family reasons, or necessary medical treatment which is not available within the geographical area. Where an applicant leaves the geographical area without permission, a Member State shall not apply penalties other than those provided for under this Directive. The applicant shall not be required to request permission to attend appointments with authorities and courts if the attendance of that applicant is necessary. The applicant shall notify the competent authorities in advance of such appointments. 6. Where it has been established, including as a consequence of an applicant’s request for appeal or review in accordance with Article 29, that an applicant has not been granted effective access to his or her rights under this Directive or to the procedural guarantees in the procedure for international protection within the geographical area, the allocation of that applicant to that geographical area shall no longer apply. 7. Before applying this Article, the Member State concerned shall lay down the conditions for the application of this Article in national law and inform the Commission and the Asylum Agency in accordance with Chapter 5 of Regulation (EU) 2021/2303.
Article 9 Restrictions of freedom of movement
1. Where necessary, Member States may decide that an applicant is allowed to reside only in a specific place that is adapted for housing applicants, for reasons of public order or to effectively prevent the applicant from absconding, where there is a risk of absconding, in particular with regard to: (a) applicants who are required to be present in another Member State in accordance with Article 17(4) of Regulation (EU) 2024/1351; or (b) applicants who have been transferred to the Member State where they are required to be present in accordance with Article 17(4) of Regulation (EU) 2024/1351 after having absconded to another Member State. Where an applicant has been allowed to reside only in a specific place in accordance with this paragraph, the provision of material reception conditions shall be subject to the actual residence by the applicant in that specific place. 2. Member States may, where necessary, require applicants to report to the competent authorities at a specified time or at reasonable intervals, without disproportionately affecting the rights of the applicants under this Directive. Such reporting requirements may be imposed to ensure that the decisions referred to in paragraph 1 are respected or to effectively prevent applicants from absconding. 3. Upon the request of the applicant, Member States may grant that applicant permission to reside temporarily outside the specific place designated in accordance with paragraph 1. Decisions regarding such permission shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted. The applicant shall not be required to request permission to attend appointments with authorities and courts if the attendance of that applicant is necessary. The applicant shall notify the competent authorities of such appointments. 4. The decisions taken in accordance with paragraphs 1 and 2 shall be proportionate and take into account relevant aspects of the individual situation of the applicant, including the special reception needs of that applicant. 5. Member States shall state reasons in fact and, where relevant, in law for any decision taken in accordance with paragraphs 1 and 2 of this Article in that decision. Applicants shall be informed in writing of such a decision, as well as of the procedures for challenging the decision in accordance with Article 29 and of the consequences of non-compliance with the obligations imposed by the decision. Member States shall provide applicants with such information in a language that they understand or are reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall ensure that the decisions taken in accordance with this Article are reviewed by a judicial authority ex officio where those decisions have been applied for more than two months, or that those decisions may be appealed at the request of the applicant concerned in accordance with Article 29.
Article 10 Detention
1. Member States shall not hold a person in detention for the sole reason that that person is an applicant or on the basis of the nationality of that applicant. The detention shall be based only on one or more of the grounds for detention set out in paragraph 4. The detention shall not be punitive in nature. 2. Where necessary and on the basis of an individual assessment of each case, Member States may detain an applicant, if other less coercive alternative measures cannot be applied effectively. 3. When detaining an applicant, Member States shall take into account any visible signs, statements or behaviour indicating that the applicant has special reception needs. Where the assessment provided for in Article 25 has not yet been completed, it shall be completed without undue delay and its results shall be taken into account when deciding whether to continue detention or whether the detention conditions need to be adjusted. 4. An applicant may be detained only on the basis of one or more of the following grounds: (a) to determine or verify his or her identity or nationality; (b) to determine the elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular where there is a risk of absconding; (c) to ensure compliance with legal obligations imposed on the applicant through an individual decision in accordance with Article 9(1) in cases where the applicant has not complied with such obligations and there continues to be a risk of absconding; (d) to decide, in the context of a border procedure in accordance with Article 43 of Regulation (EU) 2024/1348, on the applicant’s right to enter the territory; (e) when the applicant is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council ( 14 ) in order to prepare the return, or carry out the removal process, and the Member State concerned can substantiate on the basis of objective criteria, including that the applicant already had the opportunity to access the procedure for international protection, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision; (f) when protection of national security or public order so requires; (g) in accordance with Article 44 of Regulation (EU) 2024/1351. The grounds for detention referred to in the first subparagraph shall be laid down in national law. 5. Member States shall ensure that the rules concerning alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place, are laid down in national law.
Article 11 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 10(4) are applicable. Administrative procedures relevant to the grounds for detention set out in Article 10(4) shall be executed with due diligence. Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention. 2. The detention of applicants shall be ordered in writing by judicial or administrative authorities. The detention order shall state the reasons in fact and in law on which it is based as well as why less coercive alternative measures cannot be applied effectively. 3. Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio or upon the request of the applicant, or both. When conducted ex officio , such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the beginning of detention. When conducted upon the request of the applicant, such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the launch of the relevant proceedings. Where the judicial review referred to in the first subparagraph has, where conducted ex officio , not been concluded within 21 days from the beginning of detention or, where conducted upon the request of the applicant, not been concluded within 21 days from the launch of the relevant proceedings, the applicant concerned shall be released immediately. 4. Detained applicants shall immediately be informed in writing, in a language which they understand or are reasonably supposed to understand, of the reasons for detention and the procedures laid down in national law for challenging the detention order, as well as of the possibility to request free legal assistance and representation. 5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio or upon the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention. Without prejudice to the first subparagraph, the detention of unaccompanied minors shall be reviewed ex officio at regular intervals. Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately. 6. In the event of judicial review of the detention order provided for in paragraphs 3 and 5 of this Article, Member States shall ensure that applicants have access to free legal assistance and representation under the conditions set out in Article 29.
Article 12 Conditions of detention
1. Detention of applicants shall take place, as a rule, in specialised detention facilities. Where a Member State cannot provide accommodation in a specialised detention facility and is obliged to resort to prison accommodation, the detained applicant shall be kept separately from ordinary prisoners and the detention conditions provided for in this Directive shall apply. As far as possible, detained applicants shall be kept separately from other third-country nationals who have not lodged an application for international protection. Where applicants cannot be detained separately from other third-country nationals, the Member State concerned shall ensure that the detention conditions provided for in this Directive are applied. 2. Detained applicants shall have access to open-air spaces. 3. Member States shall ensure that persons representing the United Nations High Commissioner for Refugees (UNHCR) have the possibility to communicate with and visit applicants in conditions that respect privacy. That possibility shall also apply to an organisation which is working on the territory of the Member State concerned on behalf of UNHCR pursuant to an agreement with that Member State. 4. Member States shall ensure that family members, legal advisers or counsellors and persons representing relevant non-governmental organisations recognised by the Member State concerned have the possibility to communicate with and visit applicants in conditions that respect privacy. Limits to access to the detention facility may be imposed only where, by virtue of national law, they are objectively necessary for security, public order or the administrative management of the detention facility, provided that access is not thereby severely restricted or rendered impossible. 5. Member States shall ensure that applicants in detention are systematically provided with information which explains the rules applied in the facility and sets out the rights and obligations of those applicants in a language which they understand or are reasonably supposed to understand. In the event that an applicant is detained at a border post or in a transit zone, Member States may derogate from that obligation in duly justified cases and for a reasonable period of time which shall be as short as possible. This derogation shall not apply in cases referred to in Article 43 of Regulation (EU) 2024/1348.
Article 13 Detention of applicants with special reception needs
1. The health, including the mental health, of applicants in detention who have special reception needs shall be of primary concern to national authorities. Where the detention of applicants with special reception needs would put their physical and mental health at serious risk, those applicants shall not be detained. Where applicants with special reception needs are detained, Member States shall ensure regular monitoring of, and the provision of timely and adequate support to, those applicants, taking into account their particular situation, including their physical and mental health. 2. Minors shall, as a rule, not be detained. They shall be placed in suitable accommodation in accordance with Articles 26 and 27. Adequate alternatives to detention shall, as a rule, be used for families with minors in accordance with the principle of family unity. Such families shall be placed in accommodation suitable for them. In exceptional circumstances, as a measure of last resort and after it has been established that other less coercive alternative measures cannot be applied effectively, and after detention is assessed to be in their best interests in accordance with Article 26, minors may be detained: (a) in the case of accompanied minors, where the minor’s parent or primary care-giver is detained; or (b) in the case of unaccompanied minors, where detention safeguards the minor. Such detention shall be for the shortest possible period of time. Minors shall never be detained in prison or another facility used for law enforcement purposes. All efforts shall be made to release minors from detention and place them in accommodation suitable for minors. The best interests of the child, as referred to in Article 26, shall be a primary consideration for Member States. Where minors are detained, they shall have the right to education in accordance with Article 16, unless the provision of education is of limited value to them due to the very short period of their detention. Those minors shall also have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age. 3. Where unaccompanied minors are detained, they shall be accommodated in facilities adapted to the housing of unaccompanied minors. Such facilities shall be provided with staff qualified to safeguard the rights of unaccompanied minors and attend to their needs. Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults. 4. Detained families shall be provided with separate accommodation that guarantees adequate privacy. Detained families with minors shall be accommodated in detention facilities adapted to the needs of minors. 5. Member States shall ensure that detained male and female applicants are accommodated separately, unless those detained applicants are family members and all individuals concerned consent to be accommodated together. Exceptions to the first subparagraph may also apply to the use of common spaces designed for recreational or social activities, including the provision of meals. 6. Where the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 43 of Regulation (EU) 2024/1348, Member States may derogate from paragraph 3, first subparagraph, paragraph 4 and paragraph 5, first subparagraph, in duly justified cases and for a reasonable period of time, that shall be as short as possible. Member States shall have sufficient facilities and resources in place to ensure that they apply the derogations provided for in this paragraph only in exceptional situations. When applying those derogations, Member States shall inform the Commission and the Asylum Agency thereof.
Article 14 Families
Where a Member State provides applicants with housing, it shall take appropriate measures to maintain, as far as possible, family unity present within its territory. Such measures shall be implemented with the applicant’s consent.
Article 15 Medical screening
Member States may require medical screening for applicants on public health grounds.
Article 16 Schooling and education of minors
1. Member States shall grant to minor children of applicants and to applicants who are minors the same access to education as their own nationals and under similar conditions for so long as an expulsion measure against such minors or their parents is not actually enforced. The specific needs of minors, in particular with regard to respect for the child’s right to education and access to health care shall be taken into account. The education of minors shall, as a rule, be integrated with that of Member States’ own nationals and be of the same quality. Member States shall make every effort to ensure the continuity of education of minors for so long as an expulsion measure against them or their parents is not actually enforced. Member States shall not withdraw secondary education for the sole reason that the minor has reached the age of majority. 2. Member States shall grant minors referred to in paragraph 1 access to an education system as soon as possible and shall not postpone the granting of that access for more than two months from the date on which the application for international protection was lodged taking into account school holidays. Member States shall provide education within the general education system. However, as a temporary measure and for a maximum period of one month, Member States may provide that education outside the general education system. Preparatory classes, including language classes, shall be provided to minors where it is necessary to facilitate their access to and participation in the general education system. 3. Where access to the general education system is not possible due to the specific situation of the minor, the Member State concerned shall offer other education arrangements in accordance with its national law and practice.
Article 17 Employment
1. Member States shall ensure that applicants have access to the labour market no later than six months from the date on which the application for international protection was registered provided that an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant. Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with Article 42(1), points (a) to (f) of Regulation (EU) 2024/1348, access to the labour market shall not be granted or, if already granted, shall be withdrawn. 2. Member States shall ensure that applicants who have access to the labour market in accordance with paragraph 1 have effective access to the labour market in accordance with national law. For reasons of labour market policies, including regarding youth unemployment levels, Member States may verify whether a specific vacancy that an employer is considering to fill with an applicant who has access to the labour market in accordance with paragraph 1 could be filled by nationals of the Member State concerned, by other Union citizens, or by third-country nationals and stateless persons lawfully residing in that Member State. If the Member State finds that the specific vacancy could be filled by such persons, the Member State or the employer may refuse the employment of the applicant for that vacancy. 3. Member States shall ensure that applicants who have access to the labour market in accordance with paragraph 1 enjoy equal treatment with their own nationals as regards: (a) terms of employment, the minimum working age and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace; (b) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security; (c) education and vocational training, including training courses for improving skills, practical workplace experience and employment guidance services; (d) recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications; and (e) access to appropriate schemes for the assessment, validation and recognition of applicants’ prior learning outcomes and experience. 4. Member States may restrict equal treatment of applicants who have access to the labour market in accordance with paragraph 1: (a) as regards paragraph 3, point (b), by excluding them from taking part in the management of bodies governed by public law and from holding an office governed by public law; (b) as regards paragraph 3, point (c), by excluding: (i) grants and loans related to education and vocational training and the payment of fees in accordance with national law with regard to access to university or post-secondary education; and (ii) education and vocational training which is not provided within the framework of an existing employment contract, including where provided for employment promotion purposes; (c) as regards paragraph 3, point (d) or (e), by not granting equal treatment for at least three months from the date on which the application for international protection was registered. 5. Member States shall ensure that applicants who are employed or, based on previous employment, are entitled to social security benefits, enjoy equal treatment with their own nationals as regards branches of social security referred to in Article 3(1) and (2) of Regulation (EC) No 883/2004. 6. Without prejudice to Regulation (EU) No 1231/2010, Member States may restrict equal treatment under paragraph 5 of this Article by excluding social security benefits which are not dependent on periods of employment or on contributions. 7. The right to equal treatment pursuant to this Article shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) 2024/1348 has terminated the applicant’s right to remain. 8. For the purposes of paragraph 3, point (d), of this Article, and without prejudice to Articles 2(2) and 3(3) of Directive 2005/36/EC, Member States shall facilitate, to the extent possible, full access to existing procedures for the recognition of foreign qualifications for applicants who cannot provide documentary evidence of their qualifications. 9. Access to the labour market shall not be withdrawn during an appeal procedure where the applicant has the right to remain on the territory of the Member State during that procedure and until a negative decision on the appeal is notified.
Article 18 Language courses and vocational training
Member States shall ensure that applicants have access to language courses, civic education courses or vocational training courses that those Member States consider appropriate in order to help enhance applicants’ ability to act autonomously, to interact with competent authorities or to find employment, or, depending on the national system, Member States shall facilitate access to such courses, irrespective of whether applicants have access to the labour market in accordance with Article 17. Where applicants have sufficient means, Member States may require them to cover or contribute to the cost of courses referred to in the first paragraph.
Article 19 General rules on material reception conditions and health care
1. Member States shall ensure that material reception conditions are available to applicants from the moment they make their application for international protection in accordance with Article 26 of Regulation (EU) 2024/1348. 2. Member States shall ensure that material reception conditions and health care received in accordance with Article 22 provide an adequate standard of living for applicants, which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter. Member States shall ensure that the adequate standard of living referred to in the first subparagraph is met in the specific situation of applicants with special reception needs as well as in relation to the situation of persons who are in detention. 3. Member States may make the provision of all or some of the material reception conditions subject to the condition that applicants do not have sufficient means to have an adequate standard of living as referred to in paragraph 2. 4. Without prejudice to paragraph 2, Member States may require applicants to cover or contribute to the cost of the material reception conditions where those applicants have sufficient means to do so, for example if they have been working for a reasonable period of time. Without prejudice to paragraph 2, Member States may also require applicants to cover or contribute to the cost of the health care received, where those applicants have sufficient means to do so, except where the health care is provided free of charge to the nationals of those Member States. 5. If it transpires that an applicant had sufficient means to cover the cost of the material reception conditions or health care received in accordance with paragraph 4 at the time the applicant was provided with an adequate standard of living, Member States may require the applicant to refund the cost of those material reception conditions or health care. 6. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions and of the health care received or when requiring an applicant to refund costs in accordance with paragraph 5, Member States shall respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant’s special reception needs. 7. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the levels established by the Member State concerned either by law or practice to ensure an adequate standard of living for nationals. Member States shall inform the Commission and the Asylum Agency of those levels. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is fully or partially provided in kind or where those levels applied for nationals aim to ensure a standard of living higher than that required for applicants by this Directive.
Article 20 Arrangements for material reception conditions
1. Where Member States provide housing in kind, they shall ensure that such housing provides the applicant with an adequate standard of living in accordance with Article 19(2) as well as with necessary support to account for applicants’ special reception needs. The housing provided shall take one or a combination of the following forms: (a) premises used for the purpose of housing applicants during the examination of an application for international protection made at the border or in transit zones; (b) accommodation centres; (c) private houses, flats, hotels or other premises adapted for housing applicants. 2. Without prejudice to any specific conditions of detention as provided for in Articles 12 and 13, in relation to housing referred to in paragraph 1(a), (b) and (c) of this Article, Member States shall ensure that: (a) applicants are guaranteed protection of their family life; (b) applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing UNHCR and other relevant national, international and non-governmental organisations and bodies; (c) family members, legal advisers or counsellors, persons representing UNHCR and relevant non-governmental organisations recognised by the Member State concerned are granted access to the housing provided in order to assist the applicants; limits on such access may be imposed only on grounds relating to the security of the premises and of the applicants. 3. Member States shall take into consideration gender and age-specific concerns and the situation of applicants with special reception needs when providing material reception conditions. 4. When providing housing in accordance with paragraph 1, Member States shall take appropriate measures to ensure, as far as possible, the prevention of assault and violence, including violence committed with a sexual, gender, racist or religious motive. 5. Where female applicants are placed in accommodation centres, Member States shall provide separate sanitary facilities and a safe place in those centres for them and their minor children. 6. Member States shall, as far as possible, ensure that dependent adult applicants with special reception needs are accommodated together with close adult relatives who are already present in the same Member State and who are responsible for them whether by the law or practice of the Member State concerned. 7. Member States shall ensure that transfers of applicants from one housing facility to another take place only when necessary. Member States shall provide for the possibility for applicants to inform their legal advisers or counsellors of the transfer and of their new address. 8. Persons providing material reception conditions, including those providing health care and education in accommodation centres, shall be adequately trained and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work. 9. Member States may involve applicants in managing the material resources and non-material aspects of life in the accommodation centre through an advisory board or council representing residents. Without prejudice to Article 17, Member States may also allow applicants to perform voluntary work outside the accommodation centre subject to conditions of national law. 10. In duly justified cases and for a reasonable period of time which shall be as short as possible, Member States may exceptionally provide material reception conditions that are different from those provided for in this Article where: (a) an assessment of special reception needs of the applicant is required, in accordance with Article 25; (b) housing capacities normally available are temporarily exhausted or, due to a disproportionate number of persons to be accommodated or a man-made or natural disaster, housing capacities normally available are temporarily unavailable. Different material reception conditions referred to in the first subparagraph of this paragraph shall in any event ensure access to health care in accordance with Article 22 and a standard of living for all applicants in accordance with Union law, including the Charter, and international obligations. Where a Member State provides different material reception conditions in accordance with the first subparagraph of this paragraph, that Member State shall inform without delay the Commission and the Asylum Agency in accordance with Article 32(2) on the activation of its contingency plan. That Member State shall also inform the Commission and the Asylum Agency as soon as the reasons for providing those different material conditions have ceased to exist.
Article 21 Reception conditions in a Member State other than the one in which the applicant is required to be present
From the moment applicants have been notified of a decision to transfer them to the Member State responsible in accordance with Regulation (EU) 2024/1351, they shall not be entitled to the reception conditions set out in Articles 17 to 20 of this Directive in any Member State other than the one in which they are required to be present in accordance with Regulation (EU) 2024/1351. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter, and international obligations. Unless a separate decision is issued, the transfer decision shall state that the relevant reception conditions have been withdrawn in accordance with this Article. The applicant shall be informed of his or her rights and obligations with regard to that decision.
Article 22 Health care
1. Member States shall ensure that applicants, irrespective of where they are required to be present in accordance with Regulation (EU) 2024/1351, receive the necessary health care, whether provided by generalists or, where needed, specialist practitioners. Such necessary health care shall be of adequate quality and include, at least, emergency care, essential treatment of illnesses, including of serious mental disorders, and sexual and reproductive health care which is essential in addressing a serious physical condition. 2. Member States shall ensure that the minor children of applicants and applicants who are minors receive the same type of health care as provided to their own nationals who are minors. Member States shall ensure that specific treatment provided in accordance with this Article which started before the minor reached the age of majority and is considered to be necessary, is received without interruption or delay after the minor reaches the age of majority. 3. Where needed for medical reasons, Member States shall provide necessary medical or other assistance, such as necessary rehabilitation and assistive medical devices, to applicants who have special reception needs, including appropriate mental health care.
Article 23 Reduction or withdrawal of material reception conditions
1. With regard to applicants who are required to be present on their territory in accordance with Article 17(4) of Regulation (EU) 2024/1351, Member States may reduce or withdraw the daily expenses allowance. If duly justified and proportionate, Member States may also: (a) reduce other material reception conditions, or (b) where paragraph 2, point (e), applies, withdraw other material reception conditions. 2. Member States may take a decision in accordance with paragraph 1 where an applicant: (a) abandons a geographical area within which the applicant is able to move freely in accordance with Article 8 or the residence in a specific place designated by the competent authority in accordance with Article 9 without permission, or absconds; (b) does not cooperate with the competent authorities, or does not comply with the procedural requirements established by them; (c) has lodged a subsequent application as defined in Article 3, point (19), of Regulation (EU) 2024/1348; (d) has concealed financial resources, and has therefore unduly benefitted from material reception conditions; (e) has seriously or repeatedly breached the rules of the accommodation centre or has behaved in a violent or threatening manner in the accommodation centre; or (f) fails to participate in compulsory integration measures, where provided or facilitated by the Member State, unless there are circumstances beyond the applicant’s control. 3. Where a Member State has taken a decision in a situation referred to in paragraph 2, points (a), (b) or (f), and the circumstances on which that decision was based cease to exist, it shall consider whether some or all of the material reception conditions withdrawn or reduced may be reinstated. Where not all material reception conditions are reinstated, the Member State shall take a duly justified decision and notify it to the applicant. 4. Decisions in accordance with paragraph 1 of this Article shall be taken objectively and impartially on the merits of the individual case and shall state the reasons on which they are based. Decisions shall be based on the particular situation of the applicant, especially with regard to applicants with special reception needs, taking into account the principle of proportionality. Member States shall ensure access to health care in accordance with Article 22 and shall ensure a standard of living in accordance with Union law, including the Charter, and international obligations for all applicants. 5. Member States shall ensure that material reception conditions are not withdrawn or reduced before a decision is taken in a situation referred to in paragraph 2.
Article 24 Applicants with special reception needs
Member States shall take into account the specific situation of applicants with special reception needs. Member States shall take into consideration the fact that certain applicants such as those falling within any of the following categories, are more likely to have special reception needs: (a) minors; (b) unaccompanied minors; (c) persons with disabilities; (d) elderly persons; (e) pregnant women; (f) lesbian, gay, bisexual, trans and intersex persons; (g) single parents with minor children; (h) victims of trafficking in human beings; (i) persons with serious illnesses; (j) persons with mental disorders including post-traumatic stress disorder; (k) persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, for example victims of gender-based violence, of female genital mutilation, of child or forced marriage, or violence committed with a sexual, gender, racist or religious motive.
Article 25 Assessment of special reception needs
1. In order to effectively implement Article 24, Member States shall, as early as possible after an application for international protection is made, individually assess whether the applicant has special reception needs, using oral translation where necessary. The assessment referred to in the first subparagraph of this paragraph may be integrated into existing national procedures or into the assessment referred to in Article 20 of Regulation (EU) 2024/1348. The assessment referred to in the first subparagraph of this paragraph shall be initiated by identifying special reception needs based on visible signs or on the applicants’ statements or behaviour or, where applicable, statements of the parents or the representative of the applicant. The assessment referred to in the first subparagraph of this paragraph shall be completed within 30 days from the making of the application for international protection or, where it is integrated into the assessment referred to in Article 20 of Regulation (EU) 2024/1348, within the timeframe set out in that Regulation, and the special reception needs identified on the basis of such assessment shall be addressed. Where special reception needs become apparent at a later stage in the procedure for international protection, Member States shall assess and address those needs. 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 procedure for international protection and shall provide for appropriate monitoring of their situation. 2. For the purposes of paragraph 1, Member States shall ensure that the staff assessing special reception needs in accordance with this Article: (a) are trained and continue to be trained to detect signs that an applicant has special reception needs and to address those needs when identified; (b) include information concerning the nature of the applicant’s special reception needs in the applicant’s file held by the competent authorities, together with a description of the visible signs or the applicants’ statements or behaviour relevant for the assessment of the applicants’ special reception needs as well as the measures that have been identified to address those needs and the authorities responsible for addressing those needs; and (c) subject to prior consent in accordance with national law, refer applicants to the appropriate medical practitioner or psychologist for further assessment of their psychological and physical state where there are indications that their mental or physical health could affect their reception needs; where necessary, oral translation shall be provided by professionals trained in translation to ensure that the applicant is able to communicate with medical staff; where the lack of such trained professionals would risk delaying the treatment, oral translation may be provided by other adult individuals, subject to the applicant’s consent. The competent authorities shall take into account the result of the assessment referred to in point (c) when deciding on the type of special reception support which may be provided to the applicant. 3. The assessment referred to in the first subparagraph of paragraph 1 need not take the form of an administrative procedure. 4. Only applicants with special reception needs may benefit from the specific support provided in accordance with this Directive. 5. The assessment provided for in the first subparagraph of paragraph 1 shall be without prejudice to the assessment of international protection needs pursuant to Regulation (EU) 2024/1347.
Article 26 Minors
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that possibly affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development. 2. In assessing the best interests of the child, Member States shall in particular take due account of the following factors: (a) family reunification possibilities; (b) the minor’s well-being and social development, taking into particular consideration the minor’s background and the need for stability and continuity in care; (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings; (d) the views of the minor in accordance with his or her age and maturity. 3. Member States shall ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age, and to open-air activities within the premises and accommodation centres referred to in Article 20(1)(a) and (b), as well as to school materials where needed. 4. 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 where needed. 5. Member States shall ensure that minor children of applicants or applicants who are minors are accommodated with their parents or with the adult responsible for them and their unmarried minor siblings whether by the law or practice of the Member State concerned, provided it is in the best interests of the minors concerned. 6. Persons working with minors, including representatives and persons suitable to provisionally act as representatives as referred to in Article 27, shall not have a record of child-related crimes or offences, or of crimes or offences that lead to serious doubts about their ability to assume a role of responsibility with regard to minors, shall receive initial and continuous appropriate training concerning the rights and needs of minors, including those relating to 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.
Article 27 Unaccompanied minors
1. Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that that person is a minor, Member States shall designate: (a) a person suitable to provisionally act as a representative under this Directive until a representative has been appointed; (b) a representative as soon as possible and no later than 15 working days from the date on which the application is made. The representative and the person suitable to provisionally act as a representative shall meet with the unaccompanied minor and take into account the minor’s own views about his or her needs. Where a Member State has assessed that an applicant who claims to be a minor is without any doubt above the age of 18 years, that Member State need not appoint a representative or designate a person suitable to provisionally act as a representative in accordance with the first or second subparagraph, respectively. Member States shall include in their contingency plans referred to in Article 32 measures to be taken to ensure the appointment of representatives and the designation of persons suitable to provisionally act as representatives in accordance with this Article in cases where they are confronted with a disproportionate number of applications made by unaccompanied minors. Where the implementation of measures referred to in the fourth subparagraph is insufficient in order to respond to a disproportionate number of applications made by unaccompanied minors, or in other exceptional situations, the appointment of representatives may be delayed for ten working days and the number of unaccompanied minors per representative may be increased, up to a maximum of 50 unaccompanied minors. When applying the fifth subparagraph, Member States shall inform the Commission and the Asylum Agency accordingly. The duties of the representative and the person suitable to provisionally act as a representative shall cease where the competent authorities, following the age assessment referred to in Article 25(1) of Regulation (EU) 2024/1348, do not assume that the applicant is a minor or consider that the applicant is not a minor, or where the applicant is no longer an unaccompanied minor. 2. Member States shall ensure that the person suitable to provisionally act as a representative is immediately informed when an application for international protection is made by an unaccompanied minor of any relevant facts pertaining to that minor. Persons whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be designated as a person suitable to provisionally act as a representative. The unaccompanied minor shall be immediately informed that a person suitable to provisionally act as a representative has been designated. 3. Where an organisation is appointed as a representative or designated as a person suitable to provisionally act as a representative, it shall appoint a natural person to carry out the tasks of the representative in respect of the unaccompanied minor in accordance with this Directive. 4. The representative provided for in paragraph 1 of this Article may be the same person as provided for in Article 23(2) of Regulation (EU) 2024/1348. 5. The competent authorities shall immediately inform: (a) the unaccompanied minor that a representative has been appointed for him or her and how to lodge a complaint against that representative in confidence and safety in an age-appropriate manner and in a manner that ensures that the minor understands that information; (b) the authority responsible for providing reception conditions that a representative has been appointed for the unaccompanied minor; and (c) the representative of relevant facts pertaining to the unaccompanied minor. 6. The representative or the person suitable to provisionally act as a representative shall be changed only where necessary, in particular when the competent authorities consider that that representative or person has not performed his or her tasks adequately. Organisations or natural persons whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as a representative or designated as a person suitable to provisionally act as a representative. 7. Member States shall place a natural person appointed as a representative or designated as a person suitable to provisionally act as a representative in charge of a proportionate and limited number of unaccompanied minors and, under normal circumstances, of no more than 30 unaccompanied minors at the same time, in order to ensure that that person is able to perform tasks effectively. 8. Member States shall ensure that there are administrative or judicial authorities or other entities responsible to supervise the proper performance of tasks by the representatives and persons suitable to provisionally act as representatives, including by reviewing the criminal records of those appointed representatives and designated persons at regular intervals in order to identify potential incompatibilities with their role. Those administrative or judicial authorities or other entities shall review complaints lodged by unaccompanied minors against their appointed representatives or designated persons. 9. Unaccompanied minors who make an application for international protection shall, from the moment they are admitted to the territory of a Member State in which the application for international protection was made or is being examined until the moment when they are obliged to leave that Member State, 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 provided for in Article 26(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. 10. 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 the best interests of that unaccompanied minor. Where there is a possible threat to the life or integrity of the minor or the minor’s close relatives, in particular if those relatives 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.
Article 28 Victims of torture and violence
1. Member States shall ensure that persons who have been subjected to trafficking in human beings, torture, rape or other serious acts of psychological, physical or sexual violence, including violence committed with a sexual, gender, racist or religious motive, are provided with necessary medical and psychological treatment and care, including rehabilitation services and counselling where necessary, for the damage caused by such acts. Those persons shall be provided, where needed, with an oral translation in accordance with Article 25(2), point (c). Access to such treatment and care shall be provided as early as possible after those persons’ needs have been identified. 2. Those working with the persons referred to in paragraph 1, including health professionals, shall be appropriately trained and continue to receive appropriate training concerning those persons’ needs and appropriate treatments, including necessary rehabilitation services. They shall also be bound by the confidentiality rules provided for in national law and applicable professional ethics codes in relation to any information they obtain in the course of their work.
Article 29 Appeals
1. Member States shall ensure that decisions relating to the granting, withdrawal or reduction of benefits under this Directive, decisions refusing to grant the permission referred to in Article 8(5), first subparagraph, or decisions taken under Article 9 which affect applicants individually may be the subject of an appeal within the procedures laid down in national law. In at least the last instance, the possibility of an appeal or a review, in fact and in law, shall be granted before a judicial authority. 2. In the cases of an appeal or a review before a judicial authority referred to in paragraph 1 of this Article, and in the case of judicial review referred to in Article 11(3) and (5), Member States shall ensure that free legal assistance and representation is made available as necessary to ensure effective access to justice. Such legal assistance and representation shall consist of the preparation of the appeal or request for review, including, 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 legal advisers or other 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 decide not to grant free legal assistance and representation where: (a) the applicant has sufficient resources; or (b) the appeal or review is considered to have no tangible prospect of success, in particular if the appeal or review is at a second level of appeal or higher. Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the ground that the appeal or review is considered to have no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose shall be entitled to request free legal assistance and representation. Member States may also provide that free legal assistance and representation are granted only by legal advisers or other counsellors who are specifically designated under national law to assist and represent applicants or by non-governmental organisations accredited under national law to provide free legal assistance and representation. 4. Member States may also: (a) impose monetary or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation; (b) provide that, as regards fees and other costs and reimbursements, the treatment of applicants shall be equal to but not more favourable than the treatment generally given to their nationals in matters pertaining to legal assistance. 5. Without prejudice to Article 19(2) of this Directive, Member States may request total or partial reimbursement of any costs incurred where the applicant’s financial situation has improved considerably during the procedure for international protection in accordance with Regulation (EU) 2024/1348 or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant. 6. Member States shall lay down specific procedural rules governing the manner in which requests for free legal assistance and representation are filed and processed, or apply existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.
Article 30 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.
Article 31 Guidance, monitoring and control system
1. 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 available, non-binding operational standards, indicators, guidelines or best practices on reception conditions developed by the Asylum Agency in accordance with Article 13 of Regulation (EU) 2021/2303, without prejudice to Member States’ competence for organising their reception systems in accordance with this Directive. 2. Member States’ reception systems shall be subject to the monitoring mechanism set out in Chapter 5 of Regulation (EU) 2021/2303.
Article 32 Contingency planning
1. Each Member State shall draw up a contingency plan in consultation with local and regional authorities, civil society and international organisations, as appropriate. The contingency plan shall set out the 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, including of unaccompanied minors. The contingency plan shall also include measures to address situations referred to in Article 20(10), point (b), as quickly as possible. 2. The contingency plan referred to in paragraph 1 shall take into account the specific national circumstances, using a template to be developed by the Asylum Agency, and shall be notified to the Asylum Agency by 12 April 2025. That plan shall be reviewed when needed due to changed circumstances and at least every three years and, if updated, shall be notified to the Asylum Agency. The Member States shall inform the Commission and the Asylum Agency whenever its contingency plan is activated. 3. Member States shall provide the Asylum Agency, upon its request, with information on their contingency plans referred to in paragraph 1 and the Asylum Agency shall assist Member States, with their agreement, to draw up and review their contingency plans.
Article 33 Staff and resources
1. Member States shall take appropriate measures to ensure that the staff of authorities and other organisations directly responsible for implementing this Directive have received the necessary training with respect to the needs of applicants, including minors. To that end, Member States shall include relevant core parts of the European asylum curriculum related to reception conditions as well as the tool for identification of applicants with special reception needs developed by the Asylum Agency in the training of their staff. 2. Member States shall allocate the necessary resources, including the necessary staff, translators and interpreters, for the implementation of this Directive, taking into account seasonal fluctuations in the numbers of applicants. Where local and regional authorities, civil society or international organisations take part in the implementation of this Directive, they shall be allocated the necessary resources.
Article 34 Monitoring and evaluation
By 12 June 2028, and at least every five years thereafter, the Commission shall submit 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, upon the request of the Commission, send the necessary information for drawing up the report by 12 June 2027 and every three years thereafter.
Article 35 Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 10, 12, 13, 17 to 29 and 31 to 34 by 12 June 2026. They shall immediately communicate the text of those measures to the Commission. When Member States adopt those measures, 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 Directive 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.
Article 36 Repeal
Directive 2013/33/EU is repealed, for the Member States bound by this Directive, with effect from 12 June 2026, without prejudice to the obligations of the Member States relating to the time-limit for transposition into national law of Directive 2013/33/EU set out in Annex I. 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 II.
Article 37 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 .
Article 38 Addressees
This Directive is addressed to the Member States in accordance with the Treaties.