Proposal for a COUNCIL IMPLEMENTING DECISION extending temporary protection as introduced by Implementing Decision (EU) 2022/382
Date: 2023-09-19
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, 19.9.2023  COM(2023) 546 final 2023/0331 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION extending temporary protection as introduced by Implementing Decision (EU) 2022/382   
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

During the first weeks of the Russian full-scale invasion of Ukraine, peaks of around 200 000 
entries  into  the  Union  per  day  were  registered.  Given  the  scale  and  intensity  of  the  mass 
influx, the Commission proposed to the Council to trigger the Council Directive 2001/55/EC 
of  20  July  2001  (“the  Temporary  Protection  Directive”),  considering  it  to  be  the  most 
appropriate  EU  instrument  to  respond  to  that  situation,  as  it  provides  an  adequate  level  of 
protection to the persons concerned while ensuring that the asylum systems of Member States 
are not overwhelmed by the significant number of persons fleeing the war in Ukraine. 
On 4 March 2022, the Council  adopted implementing Decision 2022/3821  and activated the 
Temporary  Protection  Directive  for  certain  categories2  of  people  displaced  on  or  after  24 
February 2022, as a result of the military invasion by Russian armed forces that began on that 
date.  Pursuant  to  Article  4(1)  of  the  Temporary  Protection  Directive,  the  initial  duration  of 
temporary  protection  is  one  year,  which  may  be  extended  automatically  by  six  monthly 
periods for a maximum of one year. Temporary protection was automatically extended by one 
year and it is currently in place until 3 March 2024. 

The objective of this proposal is to extend temporary protection as introduced by the Council 
Implementing Decision 2022/382 by a further period of one year. This will have the effect of 
continuing temporary protection in respect of the categories of persons identified in Council 
Implementing Decision 2022/382, for the period from 4 March 2024 to 3 March 20253.  

The  purpose  of  the  Temporary  Protection  Directive  is  to  establish  minimum  standards  for 
giving  temporary  protection  in  the  event  of  a  mass  influx  of  displaced  persons  from  third 
countries who are unable to return to their country of origin and to promote a balance of effort 
between Member States in receiving and bearing the consequences of receiving such persons. 
The activation of the Temporary Protection  Directive has allowed displaced persons fleeing 
Russia’s invasion of Ukraine to enjoy a set of harmonised rights across the Union, including 
residency rights, the possibility to engage in employed or self-employed activities, access to 
suitable  accommodation,  access  to  education  for  persons  under  18  years  old,  the  necessary 
social  welfare  assistance,  medical  or  other  assistance,  and  means  of  subsistence,  and  legal 
guardianship for unaccompanied minors.  

It also serves the important purpose of mitigating the risk that the asylum systems would be 
unable  to  process  the  inflow  without  adverse  effects  for  their  efficient  operation.  The 
immediate access to the rights granted under temporary protection allowed Member States to 
reduce formalities to a minimum, which enabled them to respond faster to the urgency of the 

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Council  Implementing  Decision  (EU)  2022/382  of  4  March  2022  establishing  the  existence  of  a  mass 
influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and 
having the effect of introducing temporary protection 
Article 2 of the Council Implementing Decision 2022/382 provides that temporary protection applies to 
(a) Ukrainian nationals residing in Ukraine before 24 February 2022; (b) stateless persons, and nationals 
of third countries other than Ukraine, who benefited from international protection or equivalent national 
protection  in  Ukraine  before  24  February  2022;  and,  (c)  family  members  of  the  persons  referred  to  in 
points  (a)  and  (b).  Member  States  shall  apply  either  this  Decision  or  adequate  protection  under  their 
national law, in respect of stateless persons, and nationals of third countries other than Ukraine, who can 
prove  that  they  were  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  are  unable  to  return  in 
safe and durable conditions to their country or region of origin. 
OJ L 71, 4.3.2022, p. 1. 

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situation.  Solidarity  has  been  the  defining  feature  of  the  EU’s  response  to  the  Russian 
aggression against Ukraine and a testament of the Union’s unity. In particular, Member States 
declared their willingness to waive the application of Article 11 of the Temporary Protection 
Directive, thereby facilitating the possibility for persons enjoying temporary protection in one 
Member State to move to other Member States to enjoy temporary protection there.  

Immediately after the activation of the Temporary Protection Directive, it was essential to set 
up an ad-hoc Platform that would allow Member States to share information about the persons 
registered as beneficiaries of temporary protection in accordance with Articles 10 and 27 of 
the Directive. The Commission developed the Temporary Protection Registration Platform in 
just six weeks and it has been operative since 31 May 2022. The purpose of the Platform is to 
allow the parties to exchange information to ensure that people enjoying temporary protection 
or  adequate  protection  under  national  law  can  effectively  benefit  from  their  rights  in  all 
Member  States  while  limiting  possible  abuse,  notably  by  allowing  Member  States  to  detect 
double  registrations.  The  Platform  will  continue  to  perform  its  operations  as  long  as 
temporary  protection  is  in  place  and  no  amendment  to  its  functioning  is  required  under  the 
present proposal for the prolongation of temporary protection. 

Since the start of the Russia’s war of aggression, compared to the 4.1 million registrations for 
temporary protection of persons displaced fleeing Ukraine, only some 39 560 applications for 
international  protection  were  lodged  by  Ukrainian  nationals  in  EU  Member  States,  Norway 
and Switzerland, the majority of which during the first few weeks after the Russian full-scale 
invasion  of  Ukraine  from  an  initial  estimation  that  between  1.2  and  3.2  million  persons 
potentially would do so. The limited number of applications for international protection shows 
that temporary protection has delivered on its purpose, including preventing Member States’ 
asylum systems from being overwhelmed. 

Under Article 4(2) of the Temporary Protection Directive, the Council, on a proposal from the 
Commission, can extend temporary protection by up to one year, where reasons for temporary 
protection  persist.  In  its  Communication  on  one  year  of  temporary  protection,  the 
Commission announced that it was ready to make a proposal for prolongation if necessary4.  

Today, around 4.1 million persons displaced from Ukraine, including almost one fifth of the 
Ukrainian children, enjoy temporary protection in the EU, with Germany, Poland and Czechia 
being the countries hosting the highest number of displaced people (around 1 million in both 
Germany  and  Poland,  more  than  half  a  million  in  Czechia).  Since  the  activation  of  the 
Temporary Protection Directive, Member States, particularly those most affected by the mass 
displacement  of  persons,  have  continued  to  show  a  high  level  of  solidarity,  not  only  by 
hosting  people,  but  also  by  making  concrete  efforts  to  facilitate  their  inclusion  in  the  host 
society  and  by  supporting  them  towards  self-reliance.  These  persons  are  unable  to  return  to 
Ukraine, as the situation in the country is not yet conducive to ensure that they can return in 
safe and durable conditions.  

In fact, the International Organization for Migration (IOM) estimates that, as of 25 May 2023, 
5.1  million  people  are  internally  displaced  within  Ukraine5.  More  than  half  of  all  internally 
displaced persons reported having been displaced for one year or longer. The United Nations 
High  Commissioner  for  Refugees  estimates,  as  of  June  2023,  the  same  number  of  persons 
displaced inside Ukraine and that over 17 million people in the country are in need of urgent 

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Communication  from  the  Commission  to  the  European  Parliament  and  the  Council,  Temporary 
protection  for  those  fleeing  Russia’s  war  of  aggression  against  Ukraine:  one  year  on,  COM(2023)  140 
final, 8.3.2023.  
Ukraine Internal Displacement Report, general population survey, June 2023 

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humanitarian assistance6. In June 2023, in view of the situation in the country at the time, the 
United Nations High Commissioner for Refugees reiterated its position7 on returns to Ukraine 
expressed in March 2022, which called upon States not to forcibly return nationals and former 
habitual residents of Ukraine, including those who have had their asylum claims rejected. 

Moreover,  the  number  of  weekly  registrations  in  accordance  with  Article  10  of  Council 
Directive  2011/55/EC  with  respect  to  persons  enjoying  temporary  protection  declined  after 
the first  months of the  Russia’s war of aggression from  60 000 weekly  registrations in  June 
2022  to  around  20 000  new  registrations  on  average  per  week  in  March  2023,  and  has 
continued  steadily  declining.  Therefore,  the  overall  number  of  registrations  of  persons 
enjoying  temporary  protection  has  remained  stable  at  around  4.1  million,  with  few  persons 
reporting going home back to Ukraine on a permanent basis. The developments indicate that 
the situation in Ukraine continues to remain volatile across the entire Ukrainian territory as a 
result  of  Russia’s  war  of  aggression.  Heavy  fighting  and  attacks  against  civilians  and 
infrastructure continues in many areas and the risk of escalation remains. This, combined with 
the difficult humanitarian situation in Ukraine, could lead, in addition, to a sudden and further 
increase of arrivals into the Union that could reach the level of a mass influx. 

The  current  uncertainty  and  volatility  in  Ukraine  show  that  there  is  no  solution  in  sight  for 
those beneficiaries of temporary protection currently present in the EU Member States. These 
persons still need to be protected within the Union. By the same token, the risk to the efficient 
operation  of  the  national  asylum  systems  remains  were  temporary  protection  to  cease  soon 
and all these persons request international protection at once.  

Given  the  considerations  above,  the  Commission  considers  that  the  reasons  for  temporary 
protection persist and that temporary protection should therefore be prolonged as a necessary 
and appropriate response to the current situation. The prolongation should be adopted as soon 
as possible and for another year, i.e. for the period from 4 March 2024 to 3 March 2025, in 
accordance  with  Article  4(2)  of  the  Temporary  Protection  Directive.  This  is  to  ensure  that 
persons  displaced  from  Ukraine  and  hosted  in  the  EU  Member  States  are  provided  with  as 
much  stability  and  prospects  as  possible  under  the  current  circumstances.  Furthermore, 
Member States should be given the possibility to undertake in a timely manner the necessary 
administrative  and  legal  steps  (such  as  renewal  of  residence  permits)  to  prepare  for  the 
prolongation  of  temporary  protection.  Clarity  and  certainty  are  also  needed  for  the  Member 
States’ authorities to effectively plan and provide for temporary protection. 

• 

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  full-scale  invasion  of  Ukraine  by  Russia.  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 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.  The  Temporary  Protection 
Directive has proven to be an essential instrument to provide immediate protection in the EU 
and continues at this stage to be the most appropriate instrument to address the displacement 
caused  by  the  Russian  war  of  aggression  against  Ukraine.  On  one  side,  it  allows  Member 
States’  asylum  systems  not  to  be  overwhelmed  by  applications  for  international  protection 

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Ukraine emergency | UNHCR 
UNHCR position on voluntary return to Ukraine, June 2023 

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and, on the other, it provides for a harmonised set of rights for persons displaced across the 
Union  ensuring  an  adequate  protection.  Furthermore,  the  current  legal  migration  acquis 
excludes beneficiaries of temporary protection from its scope. The Commission considered, in 
its  Communication  on  one  year  of  temporary  protection8,  that  the  Temporary  Protection 
Directive should remain part of the toolbox available to the European Union in the future.  

• 

Consistency with other Union policies 

This  proposal  is  fully  consistent  with  the  need  to  allow  Member  States  to  process  potential 
applications  for  international  protection  in  an  orderly  manner  without  overwhelming  their 
asylum systems and to continue providing for the necessary measures in case of a mass influx 
of displaced persons from Ukraine that would avoid the overwhelming of the Member States’ 
asylum systems. It is also consistent with the Union’s external actions. This proposal is also 
consistent  with  EU  restrictive  measures  and  other  actions.  This  proposal  is  part  of  a 
comprehensive  set  of  EU  actions  responding  to  the  Russian  war  of  aggression  against 
Ukraine. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposal  is  Article 4(2) of 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, considering that the reasons  for temporary protection persist. This allows 
for  measures  that  promote  a  balance  of  efforts  between  Member  States  in  receiving  such 
persons and bearing the consequences 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  alone  and  can, 
therefore, by reason of the scale or effects of the proposed action, be better achieved by the 
European Union. 

The  situation  in  Ukraine  as  a  result  of  the  Russian  war  of  aggression  impacts  the  EU  as  a 
whole. It has been met with an unprecedented and unified response by the European Union. 
This shows that it still requires EU solutions and EU support as well as strong coordination at 
EU  level,  as  there  is  a  continuous  need  for  all  Member  States  to  effectively  respond  to  the 
situation together and to ensure the same standards and a harmonised set of rights are applied 
across the Union for the 4.1 million people currently hosted in the Union and in case of a new 
(mass)  influx  of  displaced  persons  because  of  the  ongoing  volatility.  It  is  clear  that  actions 
taken by individual Member States cannot satisfactorily reply to the need for a common EU 
approach to what clearly constitutes a problem common to whole of the EU. 

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  and  coordinated  at  Union  level,  as  also  indicated  by  Member  States 
themselves.  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. 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE 
COUNCIL Temporary protection for those fleeing Russia's war of aggression against Ukraine: one year 
on 

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• 

Proportionality 

In accordance with the principle of proportionality, as set out in Article 5(4) of the Treaty on 
the European Union, the proposed Council Implementing Decision provides for an extension 
of temporary protection for the limited period of time, i.e. for one year for the specific group 
of persons to whom it already applies.  

The  proposed  measure  is  limited  to  what  is  necessary  given  the  scale  and  gravity  of  the 
situation  in  Ukraine,  as  a  result  of  which  around  4.1  million  displaced  persons  currently 
present  in  the  EU  Member  States  are  not  able  to  return  to  Ukraine  in  safe  and  durable 
conditions. In addition, this extension also constitutes a proportionate response in view of the 
current situation, as temporary protection has ensured that the asylum system of the Member 
States  have  not  been  overwhelmed  by  a  significant  number  of  persons  fleeing  to  the  EU 
Member States. 

• 

Choice of the instrument 

Article 4(2) of the Temporary Protection Directive requires a Council Implementing Decision 
to  extend  temporary  protection  by  up  to  one  year  where  reasons  for  temporary  protection 
persist. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Evidenced-based policy making 

Immediately after the activation of the Temporary Protection Directive, the Commission set 
up  the  EU  Migration  Preparedness  and  Crisis  Blueprint  Network  with  a  focus  on  Ukraine, 
which has been providing a  common situational  awareness  of the migratory implications of 
the Russian full-scale invasion of Ukraine and the EU’s and Member States’ preparedness. In 
addition,  the  Solidarity  Platform  Ukraine  ensures  a  coordinated  response  to  the  crisis  and 
provides  a  framework,  among  others,  for  regular  exchanges  and  for  increasing  the  overall 
preparedness at EU level. Information and data on the current situation and on the movements 
of people has been  collected in  both  fora. Moreover, the Temporary Protection Registration 
Platform has allowed participating Member States to exchange information on beneficiaries of 
temporary protection and of adequate protection available under national law, while detecting 
double registrations within the same Member State and across EU Member States.  

In  addition,  the  European  Commission,  other  institutions  such  as  the  World  Bank  and  the 
United Nations, as well as the Government of Ukraine are regularly assessing the situation in 
Ukraine.  The  World  Bank  publishes  reports  on  the  Ukraine  Rapid  Damage  and  Needs 
Assessment9.  

Since the outbreak of the war, the IOM has worked to provide a better understanding of the 
situation  of  displaced  persons  and  to  track  internal  displacement  in  Ukraine  and  mobility 
flows, in addition to monitoring through surveys the intentions of those fleeing the war and of 
those  crossing  the  border  back  to  Ukraine.  The  UNHCR  has  been  regularly  publishing 
information  on  intentions  and  perspectives  of  (also  internally)  displaced  persons  from 
Ukraine. Surveys and papers from the abovementioned international organisations indicate the 
current situation is still volatile and uncertain, therefore not allowing for return under safe and 
durable conditions. The estimation of persons seeking protection provided at the time of the 
activation  of  the  Temporary  Protection  Directive  (March  2022)  indicated  that  half  of  the 

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Ukraine Rapid Damage and Needs Assessment, February 2022 - February 2023 

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displaced  persons  were  likely  to  be  absorbed  by  the  significant  existing  diaspora  networks 
across  the  EU,  mainly  but  not  only  in  “traditional”  destination  countries  (Poland,  Czech 
Republic, Germany, Italy and Spain). The registrations for temporary protection recorded so 
far  indicate  that  this  estimation  was  confirmed.  At  the  end  of  2022,  almost  half  of  the  total 
current  beneficiaries  of  temporary  protection  (3.8  million)  were  hosted  in  Germany  and 
Poland, followed by Czechia, Italy, and Spain. As of June 2023, UNHCR estimates that 6.3 
million persons fleeing Ukraine are recorded worldwide10.  

• 

Stakeholder consultations and collection and use of expertise 

To  gather  evidence-based  information,  the  Commission  regularly  consulted  through  the 
Migration Preparedness and Crisis Management Network and the Solidarity Platform Member 
States’  authorities,  the  European  External  Action  Service,  and  relevant  EU  Agencies, 
Ukrainian authorities and international organisations, while maintaining exchanges with non-
governmental and civil society organisations.  

The  Commission  held  specific  discussions  on  the  extension  of  temporary  protection  in  the 
Solidarity  Platform.  In  this  forum  and  in  the  Integrated  Political  Crisis  Response  (IPCR)) 
Member  States  unanimously  expressed  the  need  to  extend  temporary  protection  for  an 
additional year to maintain a common European response, provide clarity to beneficiaries and 
enable  Member  States  to  undertake  the  necessary  administrative  and  legal  steps  at  national 
level  (such  as  renew  residence  permits).  In  parallel,  regular  contacts  with  the  Ukrainian 
authorities  were  held  to  gather  information  on  the  situation  on  the  ground.  Member  States 
were consulted in the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) in 
July  2023,  where  they  underlined  the  need  for  temporary  protection  to  be  prolonged.  In 
addition,  in  line  with  Article  3  of  the  Temporary  Protection  Directive,  the  Commission 
specifically consulted the United Nations High Commissioner for Refugees, which has been 
assessing the situation and provided relevant input, and conducting surveys on the intentions 
of displaced persons. The UNHCR recently published a position paper underlining that non-
voluntary  returns  to  Ukraine  should  not  be  carried  out.  In  May  2023,  59  civil  society 
organisations, led by the European Council for Refugees and Exiles (ECRE) published a joint 
statement  to  call  on  the  European  Commission  to  prepare  a  proposal  for  a  Council 
Implementing Decision on the extension of temporary protection until March 2025 as a matter 
of urgency. 

• 

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 

Since  the  start  of  Russia’s  war  of  aggression  against  Ukraine,  funding  needs  linked  to  the 
application  of  the  Temporary  Protection  Directive  have  been  accommodated  within  the 
budget of the existing EU funding instruments under the period 2014-2020 and 2021-2027, in 
particular under Cohesion Policy.  

Since March 2022, the rules governing cohesion policy were revised several times through the 
Cohesion’s  Action  for  Refugees  in  Europe  (CARE)  package  to  enable  Member  States  to 
reallocate  up  to  €17  billion  of  unused  funds  from  the  2014-2020  envelope  and  provide 

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additional liquidity also from the new 2021-2027 envelope. The CARE package increased the 
flexibility of existing rules; it provided €13.6 billion of additional liquidity to finance urgent 
needs and simplified reporting for the managing authorities. Under the Home Affairs Funds, 
in March 2022 the implementation period of the three Funds (i.e. the AMIF, ISF Borders & 
Visa  and  ISF  Police)  was  prolonged  by  one  year.  This  allowed  the  Member  States  to  have 
access to available unspent funds and to swiftly redirect them under the existing programmes 
towards  urgent  migration  and  border  management  needs  arising  from  the  large  numbers  of 
people fleeing the war. In addition, a targeted reinforcement of EUR 152 million was agreed 
by  the  budgetary  authority  and  used  as  part  of  the  EUR  400  million  emergency  assistance 
package to support the most affected Member States with first reception needs linked to the 
high inflow of displaced people from Ukraine. Finally, the Commission proposed in its mid-
term revision of the Multiannual Financial Framework (MFF) of 20 June 2023 to increase the 
resources  for  Heading  4  by  EUR  2  billion  for  2025-2027.  These  additional  resources  are 
necessary to support Member States’ implementation of the Pact on Migration and Asylum, 
continue  structural  support  to  Member  States  with  an  external  border  that  face  exceptional 
pressure, and preserve efficient and rapid responses for crisis and emergency situations. They 
could also be used to address the many priorities in the field of asylum, migration and border 
management, including the reception of beneficiaries of temporary protection. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

Article 1 establishes the extension of temporary protection for one year (from 4 March 2024 
to  3  March  2025)  for  displaced  persons  referred  to  in  Article  2  of  Council  Implementing 
Decision 2022/382. 

Article  2  establishes  the date  from  which  the  Council  Implementing  Decision  should  apply, 
i.e. 4 March 2024. 

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2023/0331 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

extending temporary protection as introduced by Implementing Decision (EU) 2022/382  

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 thereof11, and in particular Article 4(2) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

11 
12 

Directive 2001/55/EC establishes minimum standards for giving temporary protection 
in the event of a mass influx of displaced persons from third countries who are unable 
to return to their country of origin and to promote a balance of effort between Member 
States in receiving and bearing the consequences of receiving such persons. 
On  4  March  2022,  the  Council  adopted  Implementing  Decision  (EU)  2022/38212 
establishing the existence of a mass influx of displaced persons from Ukraine within 
the  meaning  of  Article  5  of  Directive  2001/55/EC  with  the  effect  of  introducing 
temporary protection. 

In  accordance  with  Article  4(1)  of  Directive  2001/55/EC,  temporary  protection  first 
applied  for  an  initial  period  of  one  year,  until  3  March  2023,  and  was  then 
automatically extended for one additional year until 3 March 2024.  

In  the  context  of  its  activation,  Member  States  agreed  not  to  apply  Article  11  of  the 
Directive 2001/55/EC in relation to persons that enjoy temporary protection in a given 
Member  State  in  accordance  with  the  Council  implementing  Decision,  and  move  to 
another Member State without authorisation, unless on a bilateral basis Member States 
agree otherwise. 

There  are  around  4.1  million  displaced  persons  currently  benefitting  from  temporary 
protection  in  the  Union.  The  situation  in  Ukraine  does  not  allow  for  their  return  to 
Ukraine in safe and durable conditions. The International Organization for Migration 
estimates that, as of 25 May 2023, 5.1 million people are internally displaced within 
Ukraine.  More  than  half  of  all  internally  displaced  persons  reported  having  been 
displaced  for  one  year  or  longer.  The  United  Nations  High  Commissioner  estimated 
that more than 5 million people are displaced inside Ukraine and that over 17 million 

OJ L 212, 7.8.2001, p.12. 

Council  Implementing  Decision  (EU)  2022/382  of  4  March  establishing  the  existence  of  mass  influx  of 
displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC and having the 
effect of introducing temporary protection (OJ L 71, 4.3.2022, p. 1). 

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(6) 

(7) 

(8) 

(9) 

(10) 

people  are  in  need  of  urgent  humanitarian  assistance.  In  June  2023,  in  view  of  the 
current  situation  in  Ukraine,  the  United  Nations  High  Commissioner  for  Refugees 
reiterated its previous position on returns to Ukraine, which called upon States not to 
forcibly return nationals and former habitual residents of Ukraine, including those who 
have had their asylum claims rejected. 

The  overall  number  of  registrations  of  persons  enjoying  temporary  protection  has 
remained stable at around 4.1 million, with few persons reporting going home back to 
Ukraine  on  a  permanent  basis.  Moreover,  the  risk  of  future  mass  influx  and 
displacement of more persons fleeing Ukraine to the EU continues to exist due to the 
volatility and the uncertainty of the situation in Ukraine as a result of hostile actions 
by Russia. Heavy fighting continues in many areas. Risk of escalation remains. This, 
combined with the difficult humanitarian situation in Ukraine could lead, in addition, 
to a sudden and further increase of arrivals into the Union that could reach the level of 
a  mass  influx.  At  the  same  time,  the  risk  to  the  efficient  operation  of  the  national 
asylum systems remains were temporary protection to cease soon and all those persons 
apply for international protection at once.  

Since the high number of displaced persons in the Union benefitting from temporary 
protection  is  not  likely  to  decrease  as  long  as  the  war  against  Ukraine  continues, 
extending  the  temporary  protection  is  necessary  to  address  the  situation  of  persons 
currently  benefitting  from  temporary  protection  in  the  Union  or  who  will  need  such 
protection as of 4 March 2024, as it provides for immediate protection and access to a 
harmonised  set  of  rights  while  reducing  formalities  to  a  minimum  in  a  situation  of 
mass  influx  to  the  Union.  Extending  temporary  protection  will  also  help  in  ensuring 
that  the  asylum  systems of  the  Member  States  are  not  overwhelmed  by  a  significant 
increase in the number of applications for international protection that could be lodged 
by persons benefitting from temporary protection until 3 March 2024, were temporary 
protection  to  cease  by  then  or  by  persons  fleeing  the  war  in  Ukraine  arriving  in  the 
Union after that date and before 4 March 2025. 

Therefore,  considering  that  the  reasons  for  temporary  protection  persist,  temporary 
protection for the categories of displaced persons referred to in Implementing Decision 
(EU) 2022/382 should be extended until 3 March 2025. 

This Decision respects the fundamental rights and observes the principles recognised 
by the Charter of Fundamental Rights of the European Union. 

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 
Decision. 

(11) 

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. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The temporary protection given to persons displaced from Ukraine referred to in Article 2 of 
Council Implementing Decision (EU) 2022/382 is extended for a period of one calendar year 
as of 4 March 2024. 

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

Article 2 

It shall apply from 4 March 2024. 

Done at Brussels, 

For the Council 
The President 

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