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Directive 2013/33/EU of the European Parliament and of the CouncilShow full title

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 protection (recast)

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Article 18U.K.Modalities for material reception conditions

1.Where housing is provided in kind, it should 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.

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)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 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 vulnerable persons in relation to applicants within the premises and accommodation centres referred to in paragraph 1(a) and (b).

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

5.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.

6.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.

7.Persons 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.

8.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.

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;

(b)housing capacities normally available are temporarily exhausted.

Such different conditions shall in any event cover basic needs.

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