S.L. 420.9 Art. 18Arrangements for material reception conditions.

(1) Accommodation in kind shall be provided by the

Agency for the Welfare of Asylum Seekers at reception centres, which accommodation shall provide the applicant with an adequate standard of living as well as necessary support to account for the applicant’s special reception needs.

(2) Without prejudice to any specific conditions of detention as provided for in these regulations, applicants shall:

(a) be guaranteed protection of their family life;

(b) 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.

(3) Family members, legal advisers or counsellors, persons representing UNHCR and relevant non-governmental organisations recognised by Malta, shall be granted access to both detention and open centres in order to assist the applicants:

Provided that limits on such access may be imposed only on grounds relating to the security of the premises and of the applicants:

Provided further that when granting material reception conditions, consideration shall be taken of gender and age-specific concerns and the situation of applicants with special reception needs:

Provided further that when providing accommodation in accordance with sub-regulation (1), appropriate measures shall be taken in order to ensure, as far as possible, the prevention of assault and violence, including violence committed with a sexual, gender, racist or religious motive.

(4) When female applicants are placed in accommodation centres, they shall be provided with separate sanitary facilities and a safe place for them and their minor children.

(5) Dependent adult applicants with special reception needs shall, as far as possible, be accommodated together with close adult relatives who are already present in Malta and who are responsible for them whether in accordance with national law or practice.

(6) Transfers of applicants from one accommodation facility to another shall only take place when necessary. Applicants shall be allowed to inform their legal advisers or counsellors of the transfer and of their new address.

(7) 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 in relation to any information they obtain in the course of their work.

(8) In duly justified cases and for a reasonable period of time which shall be as short as possible, the Detention Services Agency and the Agency for the Welfare of Asylum Seekers may exceptionally provide material reception conditions that are different from those provided for in this regulation where:

(a) an assessment of special reception needs of the applicant is required in accordance with regulation 11;

(b) accommodation capacities normally available are temporarily exhausted or, where due to a disproportionate number of persons to be accommodated or a natural or man-made disaster, accommodation capacities normally available are temporarily unavailable.

(9) Different material reception conditions referred to in sub-regulation (8) shall in any event ensure access to health care in accordance with regulation 20 and a standard of living for all applicants in accordance with Union law, including the Charter of Fundamental Rights and international obligations.

(10) When different material reception conditions are provided in accordance with sub-regulation (8), the competent authorities shall inform without delay the European Commission and the European Union Agency for Asylum in accordance with regulation 17 on the activation of its contingency plan. The competent authorities shall also inform the Commission and the European Union Agency for Asylum as soon as the reasons for providing different material reception conditions have ceased to exist.