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Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  23

CELEX:  32024L1346

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.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  23

CELEX:  32024L1346

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.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  23

CELEX:  32024L1346

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that decision was based cease to exist, it shall consider whether some or all of the material reception conditions withdrawn or reduced may be reinstated.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.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  23

CELEX:  32024L1346

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.