| Description |
This report presents the main findings of the European
Migration Network (EMN) study on the application of the
Temporary Protection Directive (2001/55/EC) in 2023. The
study explores some developments, challenges, and good
practices relevant to the application of the Temporary
Protection Directive (TPD) in EMN Member Countries in
the first half of 2023. Since 24 February 2022, Russia’s
war of aggression against Ukraine has created a situation
of mass arrivals of displaced people from Ukraine to the
European Union (EU) and other countries surrounding
Ukraine. The war caused large flows of people to leave
Ukraine in search of safety, with crossings at EU external
borders peaking at 800 000 weekly entries from Ukraine
and Moldova during the early months of the war.4 The EU
Member States bordering Ukraine and Moldova were the
first to respond to the crisis. Following the call of Minis-
ters for Home Affairs, on 2 March 2022, the European
Commission proposed to activate the TPD. On 4 March
2022, the Council adopted an Implementing Decision7
establishing temporary protection for displaced persons
from Ukraine, activating the TPD for the first time since its
adoption in 2001. This was a key component of the EU’s
unified response.
As per Article 2(2) of the Council Decision, temporary
protection covers not only displaced Ukrainian nationals re-
siding in Ukraine on or before 24 February 2022 and their
family members, but also stateless persons and nationals
of third countries other than Ukraine who benefitted from
international protection or equivalent national protection
in Ukraine before 24 February 2022 and their family
members. As per Article 2(2) of the Council Decision, EU
Member States should provide either temporary protection
or adequate protection under national law to stateless
persons and nationals of third countries other than Ukraine
legally residing in Ukraine before 24 February 2022 on
the basis of a valid permanent residence permit issued in
accordance with Ukrainian law, and who were unable to
return in safe and durable conditions to their country or re-
gion of origin. Article 2(3) gives Member States the option
to provide temporary protection to other persons, including
stateless persons and nationals of third countries other
than Ukraine who were residing legally in Ukraine and who
are unable to return in safe and durable conditions to their
country or region of origin.
Several EU Member States also extended the scope by
providing temporary protection to Ukrainian nationals
already legally present in that EU Member State and to
those who moved shortly before 24 February 2022.
In accordance with Article 4(1) of the TPD, the duration of
temporary protection is of a period of one year. Unless ter-
minated under the terms of the Directive, the duration may
be – and indeed has been – automatically extended by
six-month periods for a maximum of one year, i.e. to March
2024. The European Commission’s Operational Guidelines9
recommended that EU Member States issue residence
permits for the full possible duration of two years, i.e. until
March 2024. After the first automatic extension until March
2024, the Council of the European Union announced on
28 September 2023 that temporary protection would be
extended until 4 March 2025 and on the 25 September
2024 another extension was granted until 4 March 2026
Read More
|