Proposal for a COUNCIL IMPLEMENTING DECISION establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Council Directive 2001/55/EC of 20 July 2001, and having the effect of introducing temporary protection
Date: 2022-03-02
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Russia, Ukraine, admission of aliens, aid to refugees, foreign national, internally displaced person, migration policy, migratory movement, stateless person, territorial dispute, war

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   EUROPEAN COMMISSION  Brussels, 2.3.2022  COM(2022) 91 final 2022/0069 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Council Directive 2001/55/EC of 20 July 2001, and having the effect of introducing temporary protection  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Activating  the  application  of  Council  Directive  2001/55/EC  of  20  July  2001  by  way  of  a 
Council  implementing  Decision  establishing  the  existence  of  a  mass  influx  of  displaced 
persons from Ukraine within the meaning of Article 5 of Council Directive 2001/55/EC of 20 
July  2001,  having  the  effect  of  introducing  temporary  protection  in  accordance  with  the 
provisions of this Directive 

Following  the  start  of  the  Russian  military  invasion  of  Ukraine  on  24  February  2022,  the 
European  Council,  in  its  conclusions  issued  the  same  day,  condemned  the  Russian 
Federation’s  (hereafter  Russia)  unprovoked  and  unjustified  military  aggression  against 
Ukraine  in  the  strongest  possible  terms,  underlining  the  gross  violation  of  international  law 
and  the  principles  of  the  UN  Charter  and  the  risk  to  European  and  global  security  and 
stability.  The  European  Council  demanded  Russia’s  full  respect  for  Ukraine’s  territorial 
integrity,  sovereignty  and  independence  within  its  internationally  recognised  borders,  which 
includes  Ukraine’s  right  to  choose  its  own  destiny.  EU  Member  States’  heads  of  state  and 
government also confirmed that the Russian government bears full responsibility for its act of 
aggression causing human suffering and loss of lives, and that it will be held accountable for 
its actions. In solidarity with Ukraine, the European Council agreed on a second package of 
sanctions. 

In this context, the European Council called for work to be taken forward on preparedness at 
all levels and invited the Commission to put forward contingency measures. 

The European Union is directly impacted by the war on its external borders, notably through 
increasing  migratory  pressure  resulting  from  the  many  thousands  of  persons  seeking 
protection in EU Member States.  Within a few days, by the beginning of March, more than 
650 000  displaced  persons  had  arrived  in  the  European  Union  through  Poland,  Slovakia, 
Hungary and Romania. These numbers are expected to increase even more. The UN launched 
a  UN  Humanitarian  Flash  Appeal  for  protection  and  assistance  needs  in  Ukraine  and  the 
Regional Refugee Response Plan for Ukraine providing details on the numbers of people in 
need and those to be targeted by assistance. 
Ukraine  is  a  visa-free  country1  for  entry  into  the  EU.  Therefore,  holders  of  Ukrainian 
biometric passports are exempted from visa requirements when travelling into the EU. Based 
on  the  experience  in  the  aftermath  of  the  illegal  Russian  annexation  of  the  Autonomous 
Republic of Crimea and the city of Sevastopol and war in the eastern Ukraine, expectations 
are  that  half  of  the  Ukrainians  coming  to  the  European  Union,  benefitting  from  visa-free 
travel, will join family members or seek employment in the European Union, while the other 
half may request international protection. Depending on how the conflict evolves, the EU is 
likely to host a significant number of persons. Estimates suggest a possible figure of between 
2.5 million and 6.5 million persons displaced due to the armed conflict, of which between 1.2 

1 

Regulation (EU) 2018/1806 , which lists the third countries whose nationals must be in possession of 
visas when crossing the external borders of the Member States (Annex I to the Regulation) and those 
whose  nationals  are  exempt  from  that  requirement  for  stays  of  no  more  than  90  days  in  any  180-day 
period (Annex II to the Regulation). The exemption from the visa requirement applies to the holders of 
biometric  passports  issued  by  Ukraine  in  line  with  standards  of  the  International  Civil  Aviation 
Organisation (ICAO).  

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and  3.2  million  may  seek  international  protection.  The  United  Nations  High  Commissioner 
for Refugees estimates that that under the worst-case scenario up to 4 million people may flee 
Ukraine.  

These figures, the gravity of the war and its proximity to the EU external borders show that 
the European Union is likely to face a situation characterised by a mass influx of Ukrainians 
and other third-country nationals or stateless persons legally residing in Ukraine at the time of 
the conflict, who are forced to leave Ukraine because of the Russian invasion. 

To  respond  to  this  situation,  the  Commission  is  bringing  forward  a  proposal  for  a  Council 
implementing  Decision  allowing  the  Council  to  establish  the  existence  of  a  mass  influx  of 
displaced  Ukrainians  and other third-country  nationals and stateless persons legally residing 
in  Ukraine  at  the  time  of  the  conflict,  based  on  the  Temporary  Protection  Directive 
2001/55/EC of 20 July 20012. 

This Directive was adopted in the aftermath of the conflict in the former Yugoslavia, when, 
for  the  first  time  since  the  Second  World  War,  Europe  was  confronted  with  mass 
displacements of people across Europe, resulting from a conflict in Europe. It was specifically 
conceived to promote a balance of efforts to jointly manage intra-European displacements, by 
giving immediate protection to persons fleeing war, thereby avoiding Member States’ asylum 
systems  to  becoming  overwhelmed.  The  provisions  included  in  the  Temporary  Protection 
Directive and implementing national measures would allow the Member States to manage the 
flows of displaced persons fleeing from Ukraine in a controlled and effective way, with full 
respect for fundamental rights and international obligations. 

The  objective  of  this  proposal  is  to  activate  the  application  of  the  Temporary  Protection 
Directive outlining in accordance with Article 5 of the Directive the main elements, including 
a description of the specific groups of persons to whom the temporary protection should apply 
and  the  date  on  which  the  temporary  protection  will  take  effect.  The  Council  implementing 
Decision, once adopted, requires the Members States to apply the measures they have taken to 
transpose and implement the Temporary Protection Directive, and thus fulfil their obligations 
towards persons enjoying temporary protection set out in Chapter III of the Directive. 

The proposal introduces temporary protection for three categories of people: 

 

 

 

Ukrainian  nationals  residing  in  Ukraine  who  are  displaced  as  of  24  February  2022 
following the military invasion by Russian armed forces on that date; 

Third-country  nationals  or  stateless  persons  legally  residing  in  Ukraine  who  are 
displaced as of 24 February 2022 following the military invasion by Russian armed 
forces on that date and who are unable to return to their country or region of origin in 
safe and durable conditions because of the situation prevailing in that country. This 
could include persons enjoying refugee status or equivalent protection, or who were 
asylum seekers in Ukraine at the time of the events leading to the mass influx. Third-
country  nationals  who  were  legally  residing  in  Ukraine  on  a  long-term  basis  at  the 
time  of  the  events  leading  to  the  mass  influx  should  enjoy  temporary  protection 
regardless  of  whether  they  could  return  to  their  country  or  region  of  origin  in  safe 
and durable conditions; and 

Family  members  of  the  above  two  categories  of  people,  in  so  far  as  the  family 
already  existed  in  Ukraine  at  the  time  of  the  circumstances  surrounding  the  mass 
influx, regardless of whether the family member could return to his or her country of 

2 

OJ L 212, 7.8.2001, p.12. 

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origin  in  safe  and  durable  conditions.  In  line  with  Council  Directive  2001/55,  a 
family member is considered as the spouse of the above two categories of people or 
his or her unmarried partner in a stable relationship, where the legislation or practice 
of  the  Member  State  concerned  treats  unmarried  couple  in  a  way  comparable  to 
married couples under its law relating to aliens; the minor unmarried children of the 
of the above two categories of people or of his or her spouse, without distinction as 
to  whether  they  were  born  in  or  out  wedlock  or adopted;  other  close  relatives  who 
lived together as part of the family unit at the time of the circumstances surrounding 
the  mass  influx,  and  who  were  wholly  or  mainly  dependent  of  the  above  two 
categories of people. 

Temporary  protection  is  the  appropriate  instrument  in  the  present  situation.  Given  the 
extraordinary  and  exceptional  nature  of  the  military  invasion  of  Ukraine  by  Russia,  and  the 
scale  of  the  mass  influx,  temporary  protection  should  quickly  allow  displaced  persons  to 
enjoy harmonised rights across the Union that offer an adequate level of protection, including 
a residence permit, the possibility to engage in employed or self-employed activities, access to 
suitable accommodation, the necessary social welfare assistance, medical or other assistance, 
and means of subsistence. In the case of unaccompanied minors, temporary protection should 
further  allow  them  to  enjoy  legal  guardianship.  Persons  under  18  years  should  also  enjoy 
access to education. 

Introducing  temporary  protection  would  also  benefit  the  Member  States  concerned  by  the 
mass influx as the rights accompanying temporary protection should limit the need for these 
displaced  persons  to  immediately  seek  international  protection  and  overwhelm  the  asylum 
systems of the Member States, by reducing formalities to a minimum because of the urgency 
of  the  situation.  The  measures  included  in  the  Temporary  Protection  Directive  and 
implementing  national  measures  would  therefore  allow  the  Member  States  to  manage  the 
influx of displaced persons in a controlled and effective way with full respect for fundamental 
rights and international obligations. 

Temporary protection would allow Member States to be prepared in order to face the current 
and  imminent  influx  of  displaced  persons  from  Ukraine  seeking  international  protection.  It 
would  also  allow  Member  States  to  deal  with  those  Ukrainians  who,  benefitting  from  visa-
free  travel,  will  be  looking  for  another  form  of  status  once  the  90  days  of  legal  stay  in  the 
Union has expired. As per the experience in 2014, it can be expected that many will then start 
seeking  international  protection  as  their  only  alternative.  This  proposal  therefore  also 
responds  to  the  call  from  the  European  Council  to  work  on  preparedness  and  readiness  and 
forms  part  of  the  Union’s  response  to  the  migratory  pressure  resulting  from  the  Russian 
military incursion into Ukraine. 

Last  but  not  least,  the  provisions  under  the  Temporary  Protection  Directive  instrument 
promote  a  balance  of  efforts  between  the  Member  States  bearing  the  consequences  of 
receiving displaced persons from Ukraine. Ukrainian nationals, as visa-free travellers, will be 
able to move freely within the EU after being admitted into the territory, allowing them to join 
their  family  and  friends  across  the  significant  diasporas  that  currently  exist  across  the 
European Union, and thereby facilitating a balance of efforts between the Member States.  It 
would help the Union and its Member States to ensure an efficient, controlled management of 
the flow of displaced  persons from  Ukraine within  the European Union at  a moment  where 
there are mass arrivals. 

The Council implementing Decision will allow the EU to coordinate and closely monitor the 
reception capacity in the Member States in order to take action and provide additional support 

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where needed. The Directive requires the Member States  in  liaison  with the Commission to 
cooperate and exchange information to facilitate the implementation of temporary protection. 
This  can  be  done  through  a  ‘Solidarity  Platform’  whereby  Member  States  exchange 
information  regarding  their  reception  capacities  and  the  number  of  persons  enjoying 
temporary  protection  on  their  territories.  For  this  purpose,  the  proposal  includes  a 
coordinating role for the Commission. Furthermore, in recent years, different platforms have 
been  established  with  the  aim  of  ensuring  cooperation  between  Member  States.  Amongst 
these  platforms,  the  proposal  includes  the  use  of  the  Migration  Preparedness  and  Crisis 
Management Network (in accordance with Commission Recommendation (EU) 2020/1366 of 
23 September 2020 on an EU mechanism for preparedness and management of crises related 
to  migration)  as  the  most  appropriate  forum  for  the  administrative  cooperation  foreseen  in 
Directive 2001/55/EC. 

In the years since the adoption of the Directive, several EU agencies have been established or 
strengthened  their mandates.  For this  reason, the proposal  specifically  includes the need for 
the Commission to cooperate with the European Border and Coast Guard Agency (Frontex), 
the European Union Asylum Agency and the European Union Agency for Law Enforcement 
Cooperation  (Europol)  with  a  view  to  keeping  the  situation  under  constant  monitoring  and 
review. 

In accordance with Directive 2001/55/EC, the duration of temporary protection shall be one 
year,  and  unless  terminated  otherwise,  it  may  be  extended  automatically  by  six  monthly 
periods for a maximum of one  year. The Commission, as part of its monitoring role, and in 
accordance with Article 6 of Directive 2001/55/EC, may at any time propose to the Council to 
end  the  temporary  protection,  based  on  the  fact  that  the  situation  in  Ukraine  is  such  as  to 
permit  the  safe  and  durable  return  of  those  granted  temporary  protection.  The  Commission 
may also propose to the Council to extend the temporary protection, if the initial period is not 
considered sufficient to allow the Member States to effectively manage the situation, or if the 
situation  still  does  not  allow  the  persons  enjoying  temporary  protection  to  return  safely  to 
Ukraine. 

• 

Consistency with existing policy provisions in the policy area 

This  proposal  is  fully  consistent  with  the  EU  asylum acquis  as  the  Temporary  Protection 
Directive forms an integral part of the Common European Asylum System and was foreseen 
to face an extraordinary situation of mass influx of displaced persons as is currently the case 
due to the invasion of Ukraine by the Russian Federation. It is also fully consistent with the 
European Union’s objective of establishing an area of freedom,  security  and justice open to 
those who, forced by circumstances, legitimately seek international protection in the European 
Union. 

The elements  of the  proposal  are also  consistent with  the Pact  on Migration  and Asylum  of 
September  2020  and  the  accompanying  legislative  proposals.  As  part  of  the  Pact,  the 
Commission  proposed  to  repeal  the  Temporary  Protection  Directive  and  replace  it  with  an 
improved  Regulation,  preserving  the  concept  of  temporary  protection  status  but  addressing 
more  broadly  situations  of  crisis  and  force  majeure  in  the  field  of  migration  and  asylum, 
ensuring  that  the  new  European  tools  will  act  coherently  together  within  the  new 
comprehensive approach proposed by the Pact. However, as the relevant legislative proposals 
are currently under negotiation and their adoption is not imminent, the Regulation addressing 
crisis  and  force  majeure  cannot  serve  as  response  to  the  immediate  challenges  of  the 
Ukrainian  crisis.  The  Temporary  Protection  Directive  is  the  current acquis  in  force  offering 
the relevant tool to address the situation effectively and in a proportionate manner. 

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• 

Consistency with other Union policies 

This proposal is fully consistent with the need to maintain strong external borders by allowing 
Member  States  to  process  potential  applications  for  international  protection  in  an  orderly 
manner  without  overwhelming  their  asylum  systems  in  case  of  a  mass  influx  of  displaced 
Ukrainians,  thereby  avoiding  problems  at  border  crossing  points  located  at  the  European 
Union’s Eastern external borders. It is also consistent with, and should be used in parallel to, 
the  Union’s  external  action,  such  as  EU  sanctions  and  other  restrictive  measures.  This 
proposal  is  part  of  a  comprehensive  set  of  EU  actions  responding  to  the  Russian  military 
incursion into Ukraine. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  the  proposal  is  the  Council  Directive  2001/55/EC  of  20  July  2001  on 
minimum standards for giving temporary protection in the event of a mass influx of displaced 
persons and on measures promoting a balance of efforts between Member States in receiving 
such persons and bearing the consequences thereof and in particular Article 5 thereof. 

• 

Subsidiarity (for non-exclusive competence)  

Title V of the TFEU on the Area of Freedom, Security and Justice confers certain powers on 
these  matters  to  the  European  Union.  These  powers  must  be  exercised  in  accordance  with 
Article 5 of the Treaty on the European Union, i.e., if and in  so far as the objectives of the 
proposed action cannot be sufficiently achieved by the Member States and can, therefore, by 
reason  of  the  scale  or  effects  of  the  proposed  action,  be  better  achieved  by  the  European 
Union. 

A situation where the proper functioning of the asylum systems of the Member States are at 
risk because of a mass influx of displaced persons from a country neighbouring the European 
Union who have fled areas of armed conflict, should be considered as impacting the EU as a 
whole and therefore requiring EU solutions and EU support. There is a need for all Member 
States  to  quickly react  and rally support to  effectively  respond to  such an influx  and ensure 
the same standards and harmonised rights across the Union.  

Achievement of these objectives requires action at the EU level since they are cross-border by 
nature. It is clear that actions taken by individual Member States cannot satisfactorily reply to 
the need for a common EU approach to a common problem. 

Such a common approach cannot be sufficiently achieved by the Member States individually 
and can, by reason of the scale and effects of this proposed Council implementing Decision, 
be better achieved at Union level. The Union must therefore act and may adopt measures, in 
accordance  with  the  principle  of  subsidiarity  as  set  out  in  Article  5(3)  of  the  Treaty  on 
European Union. 

• 

Proportionality 

In accordance with the principle of proportionality, as set out in Article 5(4) of the Treaty on 
the  European  Union,  this  proposed  Council  implementing  Decision  describes  the  specific 
group  of  persons  to  whom  it  applies,  the  date  on  which  the  temporary  protection  will  take 
effect and an estimation of the scale of the displaced persons. 

All elements of the measures proposed to deal with the specific situation of a mass influx of 
displaced  Ukrainians  to  the  European  Union  are  clearly  described  in  the  Temporary 

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Protection Directive and are limited to what is necessary to ensure Member States can manage 
the situation in an orderly and effective way while ensuring the equality of treatment in terms 
of  rights  and  guarantees  for  the  persons  concerned.  In  line  with  the  requirements  under  the 
Temporary Protection Directive, the duration of these measures is also limited in time and are 
necessary  to  enable  the  Member  States  concerned  to  address  a  situation  at  the  European 
Union’s Eastern external borders that endangers the European Union’s security and stability. 
The Directive allows Member States to apply more favourable provisions. 

• 

Choice of the instrument 

Article  5  of  Council  Directive  2001/55/EC  requires  a  Council  implementing  Decision  to 
establish  the  existence  of  a  mass  influx  of  displaced  persons  and  to  introduce  temporary 
protection for displaced persons. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Evidenced-based policy making 

The  proposal  was  prepared  as  a  matter  of  urgency  as  befitting  the  situation  at  hand.  The 
proposal  includes  provisions  on  cooperation,  between  the  Commission,  Member  States  and 
EU  agencies,  as  well  as  on  the  obligation  of  Member  States  to  report  relevant  data  and 
statistics via the EU Migration Preparedness and Crisis Management Network. The evidence 
about the potential scale of the movements has been based on the most recent data shared in 
the  framework  of  EU  Migration  Preparedness  and  Crisis  Management  Network  and  the 
scenarios  prepared  starting  with  UN  agencies  scenarios  for  internally  displaced  people, 
information  gathered  on  the  movements  (both  asylum  seekers  and  legal  migration) 
experienced  post-2014,  as  well  as  the  size  and  composition  (Russian/non-Russian)  of  the 
population  of  the  regions  affected  in  the  various  scenarios.  Five  initial  scenarios  were 
developed depending on the intensity of the Russian intervention in Ukraine.  

Scenario D assumes a military invasion of a large part of Ukraine, including the three largest 
cities:  Kyiv,  Kharkiv  and  Odesa,  as  is  currently  happening.  Scenario  E  assumes  a  dramatic 
increase  in  hostilities  and  the  whole  country  invaded.  Based  on  these  scenarios,  it  can  be 
expected that between 2.5 and 6.5 million displaced persons would enter the European Union. 
The United Nations High Commissioner for Refugees estimates that that under the worst-case 
scenario up to 4 million people may flee Ukraine. 

Considering  the  trends  recorded  for  residence  permits  and  applications  for  international 
protection in the aftermath of the 2014 events, about half of the displaced persons are likely to 
be absorbed by the significant existing diaspora networks across the EU and will make use of 
legal  migration  opportunities,  mainly  but  not  only  in  “traditional”  destination  countries 
(Poland,  Czech  Republic,  Germany,  Italy  and  Spain),  without  putting  pressure  on  the 
reception  capacity  of  these  countries.  The  other  half,  between  1.2  million  and  3.5  million 
persons, might seek international protection in a two-year period. 

• 

Stakeholder consultations and collection and use of expertise 

When the possibility of a possible Russian military intervention in Ukraine started to become 
clear,  the  Commission  activated  the  regular  monitoring  mechanism  through  the  Migration 
Preparedness  and  Crisis  Management  Network  to  consult  with  the  Member  States,  the 
European  External  Action  Service,  and  relevant  EU  Agencies,  as  well  as  to  share  data, 
information  and  insight,  which  are  reported  regularly.  The  Commission  also  consulted  the 

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United Nations High Commissioner for Refugees, which has been assessing the situation and 
provided relevant  input. The High Commissioner welcomed the support expressed  by many 
Member States to activate Directive 2001/55/EC as enabling immediate and temporary refuge 
in  the Union and facilitating the sharing of responsibility for people fleeing Ukraine among 
European States. 

• 

Fundamental rights 

This  proposal  respects  fundamental  rights  and  observes  the  principles  recognised,  in 
particular,  by  the  Charter  of  Fundamental  Rights  of  the  European  Union,  as  well  as  the 
obligations  stemming  from  international  law,  including  the  Geneva  Convention  of  28  July 
1951 on the status of refugees, as amended by the New York Protocol of 31 January 1967. 

4. 

BUDGETARY IMPLICATIONS 

Due to the nature of this proposal, it is not possible to estimate a priori the possible budgetary 
impact.  It  will  be  accommodated  within  the  budget  of  the  existing  EU  funding  instruments 
under  the  period  2014-2020  and  2021-2027  in  the  field  of  migration,  asylum  and  border 
management. The Commission will explore options for making full use of the financing under 
the Home Affairs  Funds.  Where  exceptionally  necessary, if the situation aggravates  further, 
the availability  within the MFF 2021-2027 could be  redeployed.  In case  further  exceptional 
needs arises, the flexibility mechanisms within the MFF 2021-2027 could be activated. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

Article 1 establishes the existence of a mass influx into the Union of displaced persons who 
have had to leave Ukraine as a consequence of an armed conflict. 

Article 2 describes the group of persons to whom the temporary protection would apply. The 
provision  introduces  temporary  protection  for  displaced  Ukrainian  nationals  residing  in 
Ukraine who have been displaced as of 24 February 2022 following the military invasion by 
Russian  armed  forces  on  that  date.  To  respect  the  spirit  of  Directive  2001/55/EC,  Article  2 
also  introduces  temporary  protection  to  third  country  nationals  and  stateless  persons  legally 
residing in Ukraine who have been displaced as of 24 February 2022 and who are unable to 
return  to  their  country  or  region  of  origin  in  safe  and  durable  conditions  because  of  the 
situation  prevailing  in  that  country.  This  could  include  persons  enjoying  refugee  status  or 
equivalent protection, or those who were asylum seekers in Ukraine at the time of the events 
leading to the mass influx. Third-country nationals who were legally residing in Ukraine on a 
long-term basis at  the time of the events  leading  to  the mass influx should  enjoy temporary 
protection regardless of whether they could return to their country or region of origin in safe 
and durable conditions. 

As it is  also  important  to preserve the unity  of  families and avoid  different  members of the 
same  family  enjoying  different  statuses,  Article  2  also  introduces  temporary  protection  for 
family members, where families already existed in Ukraine at the time of the circumstances 
surrounding the mass influx, regardless of whether the family member could return to his or 
her  country  of  origin  in  safe  and  durable  conditions.  A  family  member  is  considered  as  the 
spouse of the person enjoying temporary protection or his or her unmarried partner in a stable 
relationship, where the legislation or practice of the Member State concerned treats unmarried 
couple  in  a  way  comparable  to  married  couples  under  its  law  relating  to  aliens;  the  minor 
unmarried children of the person enjoying temporary protection of his or her spouse, without 

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distinction  as  to  whether  they  were  born  in  or  out  wedlock  or  adopted;  and  other  close 
relatives  who  lived  together  as  part  of  the  family  unit  of  the  circumstances  surrounding  the 
mass  influx,  and  who  were  wholly  or  mainly  dependent  on  the  person  enjoying  temporary 
protection at the time. 

Article 3 establishes that the Migration Preparedness and Crisis Management Network will be 
used as the main platform for ensuring administrative cooperation for the purposes of Article 
27 of Council Directive 2001/55/EC. The provision also foresees that Member States should 
also  contribute  to  a  Union  common  situational  awareness  through  sharing  of  relevant 
information  through  the  integrated  political  crisis  response  and  consultation  with  the 
European  External  Action  Service  where  relevant.  The  provision  also  establishes  that  the 
Commission will have a coordinating role to ensure cooperation and exchange of information 
among Member States in particular in relation to monitoring the reception capacities in each 
Member  State  and  identifying  any  need  for  additional  support.  For  this  purpose,  the 
Commission, in cooperation with the Member States, the European Border and Coast Guard 
Agency (Frontex), the European Union Asylum Agency and the European Union Agency for 
Law  Enforcement  Cooperation  (Europol)  will  keep  the  situation  under  constant  monitoring 
and review. Furthermore, these EU agencies should support Member States. 

Article  4,  given  the  exceptional  situation  and  urgency  sets  the  entry  into  force  the  Council 
implementing Decision on the day of its publication. 

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2022/0069 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

establishing the existence of a mass influx of displaced persons from Ukraine within the 
meaning of Article 5 of Council Directive 2001/55/EC of 20 July 2001, and having the 
effect of introducing temporary protection 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Council Directive 2001/55/EC  of 20 July 2001 on minimum standards for 
giving  temporary  protection  in  the  event  of  a  mass  influx  of  displaced  persons  and  on 
measures  promoting  a  balance  of  efforts  between  Member  States  in  receiving  such  persons 
and bearing the consequences thereof3, and in particular Article 5 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

On  24  February  2022,  Russian  armed  forces  launched  a  large-scale  invasion  of 
Ukraine  at  multiple  locations  from  the  Russian  Federation,  from  Belarus  and  non-
governmental controlled areas of Ukraine. 

As  a  result,  substantial  areas  of  Ukrainian  territory  now  constitute  areas  of  armed 
conflict from which thousands of persons have fled. 

Following this invasion, the European Council, in its conclusions of 24 February 2022, 
condemned  Russia’s  unprovoked  and  unjustified  military  aggression  against  Ukraine 
in the strongest possible terms, underlining the gross violation of international law and 
the  principles  of  the  UN  Charter,  and  which  seeks  to  undermining  European  and 
global security and stability. The European Council demanded Russia’s full respect for 
Ukraine’s territorial integrity, sovereignty and independence within its internationally 
recognised  borders,  which  includes  Ukraine’s  right  to  choose  its  own  destiny.  The 
European Council also confirmed that the Russian government bears full responsibility 
for its act of aggression causing human suffering and loss of lives, and that it will be 
held  accountable  for  its  actions.  In  solidarity  with  Ukraine,  the  European  Council 
agreed  on  a  second  package  of  sanctions,  called  for  work  to  be  taken  forward  on 
preparedness  at  all  levels  and  invited  the  Commission  to  put  forward  contingency 
measures. 

(4) 

The Union has shown and will continue to show its resolute support to Ukraine and its 
citizens,  faced  with  an  unprecedented  act  of  aggression  by  the  Russian  Federation. 
This  proposal  forms  part of the Union’s response to  the migratory pressure resulting 
from the Russian military invasion into Ukraine. 

(5) 

The conflict  has  already implications for the Union, including the likelihood of high 
migratory pressure on its Eastern borders as the conflict unfolds. As of 1 March, more 

3 

OJ L 212, 7.8.2001, p.12. 

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(6) 

(7) 

(8) 

(9) 

than  650 000  displaced  persons  had  arrived  in  the  European  Union  through  Poland, 
Slovakia, Hungary and Romania. These numbers are expected to increase even more. 
Ukraine is listed in Annex II of Regulation (EU) 2018/18064 and nationals of Ukraine 
are  exempt  from  the  requirement  to  be  in  possession  of  a  visa  when  crossing  the 
external  borders  of  the  Member  States  for  stays  of  no  more  than  90  days  in  any 
180-day period. Based on the experience in the aftermath of the 2014 Russian illegal 
annexation of the Autonomous Republic of Crimea and the city of Sevastopol and war 
in  the  eastern  Ukraine,  the  expectation  is  that  half  of  the  Ukrainians  coming  to  the 
Union,  benefitting  from  visa-free  travel  for  short-stays,  will  join  family  members  or 
seek  employment  in  the  Union,  whilst  the  other  half  will  request  international 
protection. Depending on how the conflict evolves, based on current estimations, the 
Union is likely to be faced with a very large number of displaced persons, potentially 
between 2.5 million and 6.5 million as a consequence of the armed conflict, of which 
it  is  anticipated  that  between  1.2  and  3.2  million  would  be  persons  seeking 
international  protection.  The  United  Nations  High  Commissioner  for  Refugees 
estimates  under  the  worst-case  scenario  that  up  to  4  million  people  may  potentially 
flee Ukraine.  

Those figures show that the Union is likely to face a situation characterised by a mass 
influx of displaced persons from Ukraine who are unable to return to their country or 
region of origin because of the Russian military aggression, and that the scale of the 
influx  would  be  such  that  there  is  also  a  clear  risk  that  the  Members  States’  asylum 
systems will be unable to process the arrivals without adverse effects for their efficient 
operation,  the  interests  of  the  persons  concerned  and  of  other  persons  requesting 
protection.  

The UN has launched a UN Humanitarian Flash Appeal for protection and assistance 
needs  in  Ukraine  and  the  Regional  Refugee  Response  Plan  for  Ukraine  providing 
details on the numbers of people in need and those to be targeted by assistance. 

The  United  Nations  High  Commissioner  for  Refugees  welcomed  the  support 
expressed  by  many  Member  States  to  activate  Directive  2001/55/EC  as  enabling 
immediate  and  temporary  refuge  in  the  Union  and  facilitating  the  sharing  of 
responsibility for people fleeing Ukraine among European States. 

(10)  To respond to this situation, the existence of a mass influx of displaced persons within 
the  meaning  of  Directive  2001/55/EC  should  be  established  with  the  effect  of 
introducing temporary protection for the displaced persons concerned. 

(11)  The objective of this implementing Decision is to introduce temporary protection for 
Ukrainian  nationals  residing  in  Ukraine  who  have  been  displaced  as  of  24  February 
2022 following the military invasion by Russian armed forces on that date. To respect 
the spirit of Directive 2001/55/EC, temporary protection should also be introduced for 
third-country nationals legally residing in Ukraine  who have been displaced as of 24 
February 2022 and who are unable to return to their country or region of origin in safe 
and durable conditions because of the situation prevailing in that country. This could 
include persons enjoying refugee status or equivalent protection, or who were asylum 
seekers in Ukraine at the time of the events leading to the mass influx.  Furthermore, 
for  non-Ukrainian  third-country  nationals  who  have  been  long-term  residents  in 

4 

Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14  November  2018 
listing  the  third  countries  whose  nationals  must  be  in  possession  of  visas  when  crossing  the  external 
borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39). 

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Ukraine, the condition of not being able to return to their country or region of origin 
should  not  apply  and  they  should  therefore  enjoy  temporary  protection  as  well.  It  is 
also  important  to  preserve  the  unity  of  families  and  avoid  different  members  of  the 
same  family  enjoying  different  statuses.  Therefore,  it  is  necessary  to  introduce 
temporary protection for family members, where families already existed in Ukraine at 
the time of the  circumstances surrounding the mass influx, regardless of whether the 
family  member  could  return  to  his  or  her  country  of  origin  in  safe  and  durable 
conditions. 

(12)  However,  non-Ukrainian  third  country  nationals  or  stateless  persons  who  are  able  to 
return  to  their  country  or  region  of  origin  in  safe  and  durable  conditions  and  who 
cannot be considered as long-term residents in Ukraine or family members of a person 
enjoying temporary protection should not fall under the scope of this Decision. Such 
persons  could  include  third-country  nationals  who  were  studying  or  working  in 
Ukraine on a short-term basis at the time of the events leading to the mass influx and 
who can safely return to their country of origin.  Such persons should nonetheless  be 
admitted  into  the  Union  on  humanitarian  grounds  without  requiring,  in  particular, 
possession of a valid visa or sufficient means of subsistence or valid travel document, 
to ensure safe passage with a view to returning to their country or region of origin. 

(13) 

In line with Directive 2001/55/EC, Member States may extend temporary protection to 
additional categories of displaced persons over and above those to whom this Council 
Decision  provided  for,  where  they  are  displaced  for  the  same  reasons  and  from  the 
same country or region of origin. In that case, they should notify the Council and  the 
Commission  immediately.  In  this  context,  Member  States  should  be  encouraged  to 
consider  extending  temporary  protection  to  those  persons  who  fled  Ukraine  soon 
before  24  February  2022  as  tensions  increased  or  who  found  themselves  on  the 
territory of the Union (e.g. on holidays or for work reasons) just before that date and as 
a result of the armed conflict cannot return to Ukraine. 

(14)  Temporary  protection  is  the  most  appropriate  instrument  in  the  current  situation. 
Given the extraordinary and exceptional nature of the military invasion of Ukraine by 
the Russian Federation, and the scale of the mass influx, temporary protection should 
allow  displaced  persons  to  enjoy  harmonised  rights  across  the  Union  that  offer  an 
adequate level of protection. Introducing temporary protection would also benefit the 
Member  States  as  the  rights  accompanying  temporary  protection  limit  the  need  for 
displaced  persons  to  immediately  seek  international  protection  and  thus  the  risk  of 
overwhelming the asylum systems of the Member States, as they reduce formalities to 
a minimum because of the urgency of the situation. Furthermore, Ukrainian nationals, 
as  visa-free  travellers,  have  the  right  to  move  freely  within  the  Union  after  being 
admitted into the territory  for a 90-day period. On this basis, they are able to choose 
the  Member  State  in  which  they  want  to  enjoy  the  rights  attached  to  temporary 
protection  and  to  join  their  family  and  friends  across  the  significant  diasporas 
networks that currently exist across the Union. This will in practice facilitate a balance 
of  efforts  between  the  Member  States  thereby  reducing  the  pressure  on  national 
reception  systems.  Once  a  Member  State  has  provided  a  residence  permit  in 
accordance  with  Directive  2001/55/EC,  the  person  enjoying  temporary  protection, 
while having the right to travel within the Union for 90 days within a 180-day period, 
should  only  be  able  to  avail  of  the  rights  derived  from  temporary  protection  in  the 
Member State that granted the residence permit.  This  should be without prejudice  to 
the possibility for a Member State to decide to issue at any time a residence permit to 
persons enjoying temporary protection under this implementing Decision. 

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(15)  This Decision would be compatible with and can be applied in complementarity with 
national temporary protection schemes, which can be considered as implementing the 
Directive. If the Member State has a national scheme that is more favourable than the 
Directive,  the  Member  State  should  be  able  to  continue  applying  it  as,  in  line  with 
Directive 2001/55/EC, Member States may adopt or retain more favourable conditions 
for persons covered by temporary protection. However, should the national scheme be 
less favourable, the Member State should provide for the additional rights foreseen in 
the Directive. 

(16)  Directive  2001/55/EC  takes  duly  into  account  the  responsibilities  incumbent  on 
Member States with regard to the maintenance of law and order and the safeguarding 
of  internal  security,  as  it  allows  Member  States  to  exclude  a  displaced  person  from 
temporary  protection  where  there  are  serious  reasons  for  considering  that  the  person 
has  committed  a  crime  against  peace,  a  war  crime,  or  a  crime  against  humanity,  as 
defined in the international instruments drawn up to make provision in respect of such 
crimes;  he  or  she  has  committed  a  serious  non-political  crime  outside  the  Member 
State  of  reception  prior  to  his  or  her  admission  to  that  Member  State  as  a  person 
enjoying  temporary  protection;  or  he  or  she  has  been  guilty  of  acts  contrary  to  the 
purposes  and  principles  of  the  United  Nations.  The  Directive  also  allows  Member 
States  to  exclude  a  displaced  person  from  temporary  protection  where  there  are 
reasonable  grounds  for  regarding  him  or  her  as  a  danger  to  the  security  of  the  host 
Member State or a danger to the community of the host Member State. 

(17)  When  providing  temporary  protection,  Member  States  should  ensure  that  the 
processing of personal data of the persons enjoying temporary protection respects the 
requirements laid down in the European Unions’ data protection acquis, in particular 
the Regulation (EU) 2016/679 of the European Parliament and the Council5. 

to 

facilitate 

information 

to  cooperate  and  exchange 

(18)  This implementing Decision should allow the Union to coordinate and closely monitor 
the  reception  capacity  in  Member  States  so  as  to  take  action  and  provide  additional 
support  as  needed.  Directive  2001/55/EC  requires  the  Member  States  in  liaison  with 
the  Commission 
the 
implementation  of  temporary  protection.  This  should  be  done  through  a  ‘Solidarity 
Platform’  whereby  Member  States  exchange  information  regarding  their  reception 
capacities and number of persons enjoying temporary protection in their territories. So 
far, based on the information  reported by a few  Member States in  the context  of the 
Migration  Preparedness  and  Crisis  Management  Network,  reception  capacities,  over 
and  above  the  absorption  capacity  of  the  diaspora  residing  in  the  Union,  is  as  at 
minimum  over  310 000  places.  For  the  purpose  of  this  exchange  of  information,  the 
Commission should take up a coordinating role. Furthermore, in recent years, different 
platforms  have  been  established  with  the  aim  of  ensuring  cooperation  between 
Member  States.  Amongst  those  platforms,  the  Migration  Preparedness  and  Crisis 
Management  Network  (in  accordance  with  Commission  Recommendation  (EU) 
2020/1366) is the most appropriate for the administrative cooperation provided for in 
Directive  2001/55/EC.  Member  States  should  also  be  encouraged  to  contribute  to  a 
Union common situational awareness through sharing of relevant information through 
the integrated political crisis response (IPCR). The European External Action Service 

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Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 11, 4.5.2016, 
p.1). 

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(19) 

should be consulted where relevant. In this context, Member States should also work 
closely with the United Nations High Commissioner for Refugees. 

In accordance with Directive 2001/55/EC, the duration of temporary protection should 
be  for  an  initial  period  of  one  year.  Unless  terminated  under  the  terms  of  Article 
6(1)(b) of the Directive, that period should be extended automatically by six monthly 
periods  for  a  maximum  of  one  year.  The  Commission  will  keep  the  situation  under 
constant monitoring and review. At any time, it may propose to the Council to end the 
temporary  protection,  based  on  the  fact  that  the  situation  in  Ukraine  is  such  as  to 
permit the safe and durable return of those granted temporary protection or to extend 
the temporary protection by up to one year. 

(20)  For  the  purpose  of  Article  24  of  Council  Directive  2001/55/EC,  the  reference  to  the 
European Refugee Fund set up by Decision 2000/596/EC should be read as a reference 
to the Asylum, Migration and Integration Fund set up by Regulation (EU) 2021/1147. 
All  the  efforts  of  Member  States  to  comply  with  the  obligations  deriving  from  this 
implementing Decision will be supported financially by the Union Funds. Emergency 
and  flexibility  mechanisms  within  the  Multiannual  Financial  Framework  2021-2027 
may also mobilise funds to address specific emergency needs within Member States. 
Furthermore, the Union Civil Protection Mechanism has been activated6. Through that 
Mechanism,  Member  States  can  request  items  crucial  to  attend  the  needs  of  the 
displaced persons from Ukraine present in their territory and benefit from co-financing 
for delivering such assistance. 

(21)  Since  the  adoption  of  Directive  2001/55/EC,  several  Union  agencies  have  been 
established  or  their  mandates  strengthened.  In  that  context,  the  Commission  should 
cooperate with the European Border and Coast Guard Agency (Frontex), the European 
Union  Asylum  Agency  and  the  European  Union  Agency  for  Law  Enforcement 
Cooperation (Europol) with a view to keeping the situation under constant monitoring 
and review. In addition, the European Border and Coast Guard Agency (Frontex), the 
European Asylum Agency (EUAA) and Europol should provide operational support to 
the Member States who requested their assistance to help them cope with the situation 
including for the purposes of applying this implementing Decision. 

(22)  This  implementing  Decision  respects  the  fundamental  rights  and  observes  the 

principles recognised by the Charter of Fundamental Rights of the European Union. 

(23) 

In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom 
and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice,  annexed  to  the 
Treaty  on  European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European 
Union,  Ireland  has  notified,  by  letter  of  11  April  2003,  its  wish  to  take  part  in  the 
adoption and application of Directive 2001/55/EC. Ireland is therefore bound by this 
Council implementing Decision. 

(24) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark, 
annexed to the Treaty on the European Union and to the Treaty on the Functioning of 
the European Union, Denmark is not taking part in the adoption of this implementing 
Decision and is not bound by it or subject to its application. 

(25) 

In view of the urgency of the situation, this  implementing Decision should enter into 
force on the day of its publication in the Official Journal of the European Union, 

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As of 28 February 2022 by Slovakia. 

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HAS ADOPTED THIS DECISION:  

Article 1 

Subject matter 

The  existence  of  a  mass  influx  into  the  Union  of  displaced  persons  who  have  had  to  leave 
Ukraine as a consequence of an armed conflict is established. 

Article 2 

The persons to whom the temporary protection applies 

1. 

This  Decision  applies  to  the  following  categories  of  persons  displaced  as  of  24 
February 2022 following the military invasion by Russian armed forces on that date: 

(a)  Ukrainian nationals residing in Ukraine; 

(b)  Third-country  nationals  or  stateless  persons  residing  legally  in  Ukraine  and 
who  are  unable  to  return  in  safe  and  durable  conditions  to  their  country  or 
region of origin;  

The  requirement  of  inability  to  return  in  safe  and  durable  conditions  to  their 
country or region of origin shall not apply to third-country nationals or stateless 
persons who have been legally residing on a long-term basis in Ukraine. 

(c) 

family members of the persons referred to  in  points  (a) and (b), regardless  of 
whether the family member could return in safe and durable conditions to his 
or her country or region of origin.  

2. 

For the purposes of paragraph 1, point (c), the following persons shall be considered 
to be part of a family, in so far as the family already existed in Ukraine at the time of 
the circumstances surrounding the mass influx: 

(a) 

(b) 

(c) 

the  spouse  of  a  person  referred  to  in  points  (a)  or  (b)  of  paragraph  1  or  their 
unmarried partner in a stable relationship, where the legislation or practice of 
the Member State concerned treats unmarried couples in a way comparable to 
married couples under its law relating to aliens;  

the  minor  unmarried  children  of  a  person  referred  to  in  points  (a)  or  (b)  of 
paragraph 1 or of his or her spouse, without distinction as to whether they were 
born in or out wedlock or adopted;  

other close relatives who lived together as part of the family unit at the time of 
the circumstances surrounding the mass influx, and who were wholly or mainly 
dependent on a person referred to in points (a) or (b) of paragraph 1 at the time. 

Article 3 

Cooperation and monitoring  

1. 

For the purposes of Article 27 of Directive 2001/55/EC, the Member States shall use 
the  Migration  Preparedness  and  Crisis  Management  Network  in  accordance  with 
Recommendation (EU) 2020/1366. Member States should also contribute to a Union 
common  situational  awareness  through  sharing  of  relevant  information  through  the 
Integrated Political Crisis Response. 

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2. 

The  Commission  shall  coordinate  cooperation  and  exchange  of  information  among 
Member States, in particular in relation to monitoring the reception capacities in each 
Member State and identifying any need for additional support.  

For  that  purpose,  the  Commission,  in  cooperation  with  the  Member  States,  the 
European  Border  and  Coast  Guard  Agency  (Frontex),  the  European  Union  Asylum 
Agency  and  the  European  Union  Agency  for  Law  Enforcement  Cooperation 
(Europol) shall keep the situation under constant monitoring and review while using 
the Migration Preparedness and Crisis Management Network referred to in paragraph 
1 above.  

In addition, the European Border and Coast Guard Agency (Frontex), the European 
Asylum  Agency  (EUAA)  and  Europol  shall  provide  operational  support  to  the 
Member  States  who  requested  their  assistance  to  help  them  cope  with  the  situation 
including for the purposes of applying this implementing Decision. 

Article 4 

This Decision shall enter into force on the same day of its publication in the Official Journal 
of the European Union. 

Done at Brussels, 

For the Council 
The President 

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