Proposal for a COUNCIL IMPLEMENTING DECISION extending temporary protection as introduced by Implementing Decision (EU) 2022/382
Date: 2024-06-11
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Russia, Russo-Ukrainian issue, Ukraine, admission of aliens, aid to refugees, foreign national, internally displaced person, migration policy, migratory movement, stateless person, war

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   EUROPEAN COMMISSION  Brussels, 11.6.2024  COM(2024) 253 final 2024/0143 (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 

• 
On  4  March  2022,  the  Council  adopted  implementing  Decision  2022/3821  and  activated 
Council  Directive  2001/55/EC  of  20  July  2001  (the  “Temporary  Protection  Directive”)2  for 
certain categories3 of people displaced on or after 24 February 2022, as a result of the military 
invasion of Ukraine 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, until 4 March 2024.  

Pursuant to Article 4(2) of the Temporary Protection Directive, where reasons for temporary 
protection persist, the Council may decide to extend temporary protection by up to one year, 
by qualified majority and on a proposal from the Commission, which shall also examine any 
request by a Member State that it submit a proposal to the Council. Temporary protection was 
extended by a further period of one year, until 4 March 20254.  

The  objective  of  this  proposal  is  to  extend  further  by  a  period  of  one  year  temporary 
protection  as  introduced  by  Council  Implementing  Decision  2022/382.  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  5  March  2025  to  4  March 
2026.  

Currently, over 4.19 million persons displaced from Ukraine, of whom one third are chidren, 
enjoy  temporary  protection  in  the  EU.  The  number  of  active  registrations,  indicating  the 
number  of  persons  benefitting  from  temporary  protection  in  the  EU  Member  States,  has 
remained  stable  at  around  4  million,  with  a  slight  constant  upward  trend  (from  4  million  in 
September  2023  to  4.19  million  in  May  2024)5.  Germany,  Poland  and  Czechia  remain  the 
Member States hosting the highest number of beneficiaries of temporary protection (over 1.2 
million  in  Germany,  almost  1  million  in  Poland,  and  almost  400 000  in  Czechia)6.  Since 
September 2023, the number of decisions providing temporary protection has remained stable 
at around 65 000 decisions per month, albeit showing a slight decreasing trend.  

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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   
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 
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. 
Council Implementing Decision (EU) 2023/2409 of 19 October 2023 extending temporary protection as 
introduced by Implementing Decision (EU) 2022/382 (europa.eu) 
Information  according  to  data  uploaded  in  the  Temporary  Protection  Platform  and  channeled  via  the 
Blueprint Network. 
Statistics | Eurostat (europa.eu) 

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Since  the  activation  of  the  Temporary  Protection  Directive,  Member  States  have  made 
significant efforts to support people displaced from Ukraine to facilitate their integration into 
host  society  and  the  labour  market.  They  have  also  continued  efforts  to  increase  reception 
capacity  and  contingency  planning.  The  EU’s  response  to  the  Russian  aggression  against 
Ukraine remains characterised by a strong solidarity component, firstly towards Ukraine and 
its  people  as  reflected  in  the  efforts  of  Member  States  and  their  citizens  hosting  displaced 
persons,  and  secondly  among  Member  States,  as  reflected  in  their  decision  to  waive  the 
application of Article 11 of the Temporary Protection Directive. 

The Temporary Protection Registration Platform has been operative since 31 May 2022 with 
the  purpose  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.  To  ensure  its  proper 
functioning, it is important to regularly upload data and to carry out a swift follow up, where 
needed, in  case of double registrations.  It will  continue to  perform  its operations as long  as 
temporary protection is in place. In this regard, no change to its functioning is required for the 
prolongation of temporary protection. 

In addition, given that a person can benefit from  the rights attached to temporary protection 
only  in  one  Member  State  at  a  time,  beneficiaries  of  temporary  protection  who  move  to 
another  Member  State  to  enjoy  temporary  protection  should  not  benefit  from  the  social 
assistance in two Member States simultaneously. 

The  need  to  continue  providing  protection,  coupled  with  the  possibility  for  beneficiaries  of 
temporary protection to enjoy temporary protection in the Member State of their choice, has 
impacted the reception system of some Member States, notably those hosting large numbers 
of persons benefitting from temporary protection, combined also with the impact of having to 
cope  simultaneously  with  a  large  number  of  applicants  for  international  protection  or  with 
housing shortages. In this regard, going forward, it is important to continue working towards 
ensuring a greater balance of efforts among Member States. The Commission will continue to 
closely monitor the impact of future new arrivals on the reception capacity of Member States. 
The Commission also stands ready to facilitate necessary discussions on this matter and the 
appropriate follow-up. Ensuring the self-reliance of displaced persons and  their transition to 
long-term accommodation remain a priority. 

Alongside  providing  beneficiaries  of  temporary  protection  access  to  a  set  of  harmonised 
rights, the activation of the Temporary Protection Directive continues to mitigate the risk that 
the  asylum  systems  would  be  unable  to  process  the  inflow  without  adverse  effects  for  their 
efficient operation. 

Since  the  start  of  Russian  war  of  aggression,  compared  to  the  4.19  million  registrations  for 
temporary  protection  of  persons  displaced  from  Ukraine,  only  some  53 000  applications  for 
international protection7 were lodged by Ukrainian nationals in EU Member States, Norway 
and  Switzerland.  While  remaining  at  low  levels  compared  to  the  initial  estimation  that 
between  1.2  and  3.2  million  persons  potentially  would  apply  for  international  protection,  a 
relative  increase  in  the  number  of  asylum  applications  by  Ukrainian  nationals  has  been 
observed  in  2024  so  far  (a  50 %  increase  compared  to  the  same  period  last  year). 
Nevertheless,  the  limited  overall  numbers  continue  to  show  that  temporary  protection  has 
delivered  on  its  purpose,  including  preventing  Member  States’  asylum  systems  from  being 
overwhelmed. 

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As of 2 June 2024. 

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According  to  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  intentions 
survey of February 20248, the proportion of displaced persons planning or hoping to return to 
Ukraine in the future has decreased compared to one year ago (from 77 % to 64 %), while the 
share  of  those  who  are  undecided  about  returning  has  increased  (18 %  to  24 %),  as  well  as 
those  who  report  no  hope  to  return  (5 %  to  11 %).  The  International  Organization  for 
Migration  (IOM)  reports9  a  large  majority  of  persons  it  has  surveyed  (74 %)  intending  to 
return to Ukraine when and if it is safe. 

Furthermore, according to the joint study of the European Union Agency for Asylum (EUAA) 
and  the  Organisation  for  Economic  Cooperation  and  Development  (OECD)10,  53 %  of 
respondents  expressed  their  intention  to  return  to  Ukraine  after  the  war,  but  a  significant 
proportion (30 %)  remain unsure. About 17 % are certain  that they  will not  return, with  the 
safety concern in the country of origin being the main reason.  

These  surveys  confirm  that  displaced  persons  from  Ukraine  are  still  unable  to  return  to 
Ukraine in safe and durable conditions.  

In Ukraine, Russia continues its war of aggression unabated. Since March 2024, this includes 
intensified repeated air strikes across the country resulting in heavy casualties and significant 
damage, and having a considerable impact on the country’s energy infrastructure, leading to 
widespread power outages and the destruction of power plants.  

Russia’s deliberate and indiscriminate attacks directly affect the civilian population across the 
whole  country,  with  unpredictable  air  and  drone  attacks  extending  beyond  established  and 
largely unshifting battle zones.  

As of March 2024, the IOM estimates that there are 3.6 million internally displaced persons 
(IDPs)11 in Ukraine. 80 % of displaced households reported having been displaced for at least 
one year12. According to the information provided in the Third Rapid Damage and the Needs 
Assessment  (RDNA3)  report13,  the  state  programme  supporting  IDPs  has  become  fiscally 
unsustainable. In addition, poverty and food insecurity are reported to have increased in 2023. 
The  impacts  of  war  are  uneven,  and  the  greatest  effects  are  felt  by  women,  persons  with 
disabilities, children and youth, IDPs, and the elderly.  

The United Nations  Office for the Coordination of Humanitarian Affairs (OCHA) estimates 
that,  as  of  December  2023,  over  14.6  million  people  in  the  country  are  in  need  of  urgent 
humanitarian assistance in 202414. 

The  volatile  situation,  combined  with  the  difficult  humanitarian  situation  in  Ukraine,  could 
also lead to further arrivals at scale into the Union resulting in the need to provide protection 
to an additional number of displaced persons. 

The current uncertainty and volatility in Ukraine show that there is no clear solution in sight 
for  the  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 

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Lives  on  hold:  intentions  and  perspectives  of  refugees,  refugee  returnees  and  IDPs  from  Ukraine, 
February 2024 
Ukraine Response - Needs, Intentions & Integration Challenges - Displacement Tracking Matrix  
Voices in Europe: Experiences, hopes and aspirations of forcibly displaced persons from Ukraine  
Ukraine - Conditions of Return Assessment Factsheet - Round 7 (May 2024)   
Ukraine - Internal Displacement Report - General Population Survey Round 15 (November – December 
2023) 
World Bank Group, “Ukraine Third Rapid Damage and Needs Assessment (RDNA3) (February2022 – 
December 2023) 
Humanitarian  needs  and  response  plan  Ukraine  -  Humanitarian  Programme  Cycle  2024,  OCHA, 
December 2023 

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efficient operation of the national asylum systems remains were temporary protection to cease 
soon and all these persons to request international protection at the same time. 

Given  the  developments  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 5 March 2025 to 4 March 2026, 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. 

• 

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 still 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  legal  acts  composing  the  Pact  on 
Migration  and  Asylum  that  were  recently  adopted.  The  Parliament  and  the  Council  have 
agreed to preserve the Temporary Protection Directive as part of the toolbox available to the 
EU for situations of mass arrivals.  The Temporary Protection Directive has proven to be an 
essential instrument to provide immediate protection in the EU. At this stage, it continues to 
be the most appropriate instrument to address the displacement caused by the Russian war of 
aggression against Ukraine.   

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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 in 
line with EU restrictive  measures and other actions adopted also  in  response of the Russian 
aggression  against  Ukraine.  This  proposal  is  part  of  a  comprehensive  set  of  EU  actions 
responding to the Russian war of aggression against Ukraine. 

2. 

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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. 

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• 

Subsidiarity (for non-exclusive competence)  

Title V of the TFEU on the Area of Freedom, Security and Justice confers certain powers on 
these  matters  on  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 continues to impact 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 4.19 million people currently hosted in the Union. 
In  addition  to  the  existing  mass  influx  which  remains,  further  arrivals  at  scale  cannot  be 
excluded because of the ongoing volatility of the situation in Ukraine. It is clear that actions 
taken by individual Member States cannot satisfactorily address the need for a common EU 
approach to what clearly constitutes a challenge common to the 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. 

• 

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 a 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  4.19  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  protected  the  asylum  system  of  the  Member 
States from being overwhelmed by a significant number of applications from persons arriving 
to the EU Member States. 

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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. 

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3. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Evidence-based policy making 

The EU Migration Preparedness  and Crisis  Blueprint Network with  a focus on Ukraine  and 
the  Solidarity  Platform  Ukraine15  continue  their  operations  with  the  aim  to  provide, 
respectively,  a  common  situational  awareness  of  the  migratory  implications  of  the  Russian 
full-scale  invasion  of  Ukraine  and  the  EU’s  and  Member  States’  preparedness  and  a 
coordinated  response  to  the  crisis  through  regular  exchanges.  In  this  context,  increasing  the 
overall preparedness at EU level, including contingency planning, has been discussed in both 
fora.  Information  and  data  on  the  current  situation  and  on  the  movements  of  people  are 
constantly  being  collected.  The  Temporary  Protection  Registration  Platform  continues 
discussing  on  an  ad-hoc  basis  how  to  better  ensure  the  proper  exchange  of  information  on 
beneficiaries of temporary protection and of adequate protection available under national law 
among  Member  States,  while  detecting  double  registrations  within  the  same  Member  State 
and across EU Member States.  

In addition, the European Commission, organisations 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 
Assessment16.  

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  and  the  assessment  of  conditions  of  return.  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  that  the  current  situation  is  still  volatile  and  uncertain, 
therefore  not  allowing  for  return  under  safe  and  durable  conditions.  As  of  April 2024, 
UNHCR estimates that 6.4 million persons fleeing Ukraine are recorded worldwide17.  

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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, in cooperation with the rotating presidencies of the Council of the European 
Union consulted Member States on the future of temporary protection beyond March 2025 at 
Ministerial level, as well as in the Council’s Strategic Committee on Immigration, Frontiers 
and Asylum (SCIFA) in  November 2023 and in  the Asylum Working Party in March 2024, 
where  the  Member  States  underlined  the  need  for  temporary  protection  to  be  prolonged  as 

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The  Platform  was  set  up  by  the  Commission  with  a  view  to  coordinating  the  operational  response 
among Member States as per Article 3(2) of the Council Decision 2022/382.  Among others, it collects 
information  and  examines  the  needs  identified  in  the  Member  States  and  coordinate  the  operational 
follow-up in response to these needs. 
World Bank Group, “Ukraine Third Rapid Damage and Needs Assessment (RDNA3) (February2022 – 
December 2023)   
Ukraine Refugee Situation 

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soon  as  possible.  Parallel  and  complementary  discussions  were  held  in  the  Solidarity 
Platform,  where  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  renewal  of  residence  permits).  In  parallel,  the  Commission 
held regular contacts with the Ukrainian authorities to gather information on the situation on 
the  ground.  At  the  same  time,  reflections  continue  on  the  need  to  create  the  conditions  to 
ensure a smooth transition from temporary protection to alternative national legal statuses. In 
addition, in accordance with Article 3 of the Temporary Protection Directive, the Commission 
specifically  consulted  the  UNHCR,  which  has  been  assessing  the  situation  and  provided 
relevant input, and conducting surveys on the intentions of displaced persons. In February and 
March  2024,  the  European  Council  for  Refugees  and  Exiles  (ECRE)  and  other  140  civil 
society  organisations  have  published  a  report18  and  a  joint  statement19  on  the  situation  of 
displaced  persons  from  Ukraine  respectively,  calling,  among  others,  on  the  Commission  to 
consider proposing the further extension of temporary protection. 

• 

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 the Russian 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.  

This  allowed  the  Member  States  to  have  access  to  available  unspent  funds  and  to  swiftly 
redirect  them  under  the  2014-2020  programmes  towards  urgent  migration  and  border 
management needs arising from the arrival into the EU of large numbers of people fleeing the 
war in Ukraine. 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.  The  2021-2027  Home  Affairs  Funds  programmes  under 
AMIF, BMVI and ISF also contribute to fulfilling funding Member States’ needs linked to the 
application  of  the  Temporary  Protection  Directive.  Overall,  EUR  9.4  billion  were  initially 
allocated to the national programmes, while an additional allocation of  EUR 1.9 billion will 
be  allocated  in  2025  as  a  result  of  the  mid-term  review  of  the  programmes.  Finally,  in 
February  2024  an  increase  of  the  resources  for  Heading  4  by  EUR  2  billion  for  2025-2027 
was agreed in the context of the mid-term revision of the Multiannual Financial Framework 
(MFF). These additional resources will support Member States in managing urgent challenges 
and needs related to migration and border management in frontline Member States, as well as 
in those affected by the war in Ukraine and the Middle East, and for the implementation of the 
Pact on Migration and Asylum, including new border procedures. 

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Transitioning  out  of  the  Temporary  Protection  Directive,  European  Council  on  Refugees  and  Exiles, 
February 2024 
The  EU  must  provide  future-proof  solutions  for  people  displaced  from  Ukraine,  European  and 
International Organisations, 4 March 2024 

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5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

Article 1 establishes the extension of temporary protection for one year (from 5 March 2025 
to  4  March  2026)  for  displaced  persons  referred  to  in  Article  2  of  Council  Implementing 
Decision 2022/382. 

Article 2 establishes the date of the entry into force of this Decision . 

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2024/0143 (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 thereof20, and in particular Article 4(2) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  4  March  2022,  the  Council  adopted  Implementing  Decision  (EU)  2022/38221 
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  4  March  2023,  and  was  then 
automatically extended for one additional year until 4 March 2024. 
On 19 October 2023,  the Council adopted  Implementing  Decision (EU)  2023/240922 
establishing  the  extension  of  temporary  protection  as  introduced  by  Implementing 
Decision  (EU)  2022/382  until  4  March  2025,  in  accordance  with  Article  4(2)  of  the 
Directive. 

In the context of the activation of Directive 2001/55/EC, Member States unanimously 
agreed in a statement23 not to apply Article 11 of the Directive in relation to persons 
who  enjoy  temporary  protection  in  a  given  Member  State  in  accordance  with  the 
Council  Implementing  Decision  2022/382,  and  moving  to  another  Member  State 
without authorisation, unless on a bilateral basis Member States agree otherwise. 

(5) 

Given that a person can benefit from the rights attached to temporary protection only 
in  one  Member  State  at  a  time,  beneficiaries  of  temporary  protection  who  move  to 

20 
21 

22 

23 

  OJ L 212, 7.8.2001, p.12, ELI : http://data.europa.eu/eli/dir/2001/55/oj. 

introducing 

the  effect  of 

temporary  protection 

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 
(OJ  L  71,  4.3.2022,  p.  1, 
having 
ELI: http://data.europa.eu/eli/dec_impl/2022/382/oj). 
Council Implementing Decision (EU) 2023/2409 of 19 October 2023 extending temporary protection as 
introduced  by 
(OJ  L,  2023/2409,  24.10.2023, 
ELI: http://data.europa.eu/eli/dec_impl/2023/2409/oj) 
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 ‒ Statement of the Member States 

Implementing  Decision 

(EU)  2022/382 

EN 

9 

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(6) 

another Member State to enjoy temporary protection should not benefit from the social 
assistance in two Member States simultaneously. 

There  are  around  4.19  million  displaced  persons  from  Ukraine  currently  benefitting 
from  temporary  protection  in  the  Union.  The  overall  number  of  registrations  of 
persons  enjoying  temporary  protection  has  remained  stable  at  around  4.19  million, 
with a slight constant upward trend and with few persons reporting going home back 
to  Ukraine  on  a  permanent  basis.  The  situation  in  Ukraine  does  not  allow  for  the 
displaced people’s return to Ukraine in safe and durable conditions. The International 
Organization  for  Migration  estimates  that,  as  of  March  2024,  3.6  million  people  are 
internally displaced within Ukraine. 80 % of all internally displaced persons reported 
having  been  displaced  for  one  year  or  longer.  The  United  Nations  Office  for  the 
Coordination  of  Humanitarian  Affairs  estimated  that  over  14.6  million  people  in 
Ukraine are in need of urgent humanitarian assistance in 2024. 

(7)  Moreover, further arrivals at scale cannot be excluded due to the difficult humanitarian 
conditions, broader volatility and the uncertainty of the situation in Ukraine as a result 
of  hostile  actions  by  Russia,  including  intensified  repeated  air  attacks  across  the 
country against civilians. The risk of escalation remains. At the same time, the risk to 
the efficient operation of the national asylum systems remains if temporary protection 
were  to  cease  soon  with  all  beneficiaries  applying  for  international  protection  at  the 
same time.  

(8) 

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  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 from 5 March 2025, 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 4 March 2025, were temporary 
protection to cease by then or by persons fleeing the war in Ukraine and arriving in the 
Union after that date and before 4 March 2026. 

(9) 

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 4 March 2026. 

(10)  This Decision respects the fundamental rights and observes the principles recognised 

by the Charter of Fundamental Rights of the European Union. 

(11) 

(12) 

Ireland is bound by Directive 2001/55/EC and is therefore taking part in the adoption 
and application of this Implementing Decision. 

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. 

EN 

10 

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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 
Implementing  Decision  (EU)  2022/382  and  extended  by  Implementing  Decision  (EU) 
2023/2409 is extended for a further period of one year until 4 March 2026. 

Article 2 

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

Done at Brussels, 

For the Council 
The President 

EN 

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