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Reception Directive:
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) 2024/1351Asylum And Migration Management Regulation, 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) 2024/1348Procedures Regulation;

(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that decision was based cease to exist, it shall consider whether some or all of the material reception conditions withdrawn or reduced may be reinstated.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 CharterThe Charter of Fundamental Rights of the European Union, 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.


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Correlation table

Directive 2013/33/EUThis Directive
Article 20, introductory wordingArticle 23(1)
Article 20(1), first subparagraph, points (a), (b) and (c)Article 23(2), first subparagraph, points (a), (b) and (c)
—Article 23(2), first subparagraph, points (e) and (f)
Article 20(2)—
Article 20(3)Article 23(2), first subparagraph, point (d)
Article 20(4)—
Article 20(5)Article 23(4)
Article 20(6)Article 23(5)
Categories: Articles Key words: Accommodation centre, Daily expenses allowance, Member State Responsible

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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