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Reception Directive:
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) 2024/1348Procedures Regulation.

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) 2024/1348Procedures Regulation, 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 Qualification Regulation.


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Correlation table

Directive 2013/33/EUThis Directive
Article 22(1)Article 25(1)
—Article 25(2)
Article 22(2), (3) and (4)Article 25(3), (4) and (5)
Categories: Articles Key words: Special reception needs

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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