Proposal for a COUNCIL IMPLEMENTING DECISION extending temporary protection, as introduced by Implementing Decision (EU) 2022/382, until 4 March 2027
Date: 2025-06-04
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, Russo-Ukrainian issue, Ukraine, admission of aliens, aid to refugees, forced migration, foreign national, international protection, stateless person

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   EUROPEAN COMMISSION  Brussels, 4.6.2025  COM(2025) 650 final 2025/0650 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION extending temporary protection, as introduced by Implementing Decision (EU) 2022/382, until 4 March 2027  
 
 
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 further periods of one year each, first until 4 March 20254 and later until 4 March 
2026.  

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  2026  to  4  March 
2027.  
As of March 2025,  almost  4.3 million  persons displaced  from  Ukraine5, of whom one third 
are children, enjoy temporary protection in the EU6. The number of beneficiaries of temporary 
protection in the EU Member States has remained stable at around 4.3 million, with a slight 
constant upward trend (from 4.15 million in September 2023 to 4.21 million in April 2024 to 
4.26  million  in  March  2025).  Germany,  Poland  and  Czechia  remain  the  Member  States 
hosting  the  highest  number  of  beneficiaries  of  temporary  protection  (slightly  less  than  1.2 
million in Germany, almost 1 million in Poland, and around 365 000 in Czechia). Since 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.  
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). 
Over 4.4 million, including EU Member States, Iceland, Liechtenstein, Norway, Switzerland. 
Unless  otherwise  specified,  all  figures  on  temporary  and  international  protection  are  sourced  from 
Eurostat (Database -Eurostat).  

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activation  of  the  Temporary  Protection  Directive,  Member  States  have  made  significant 
efforts  to  support  people  displaced  from  Ukraine  to  facilitate  their  integration  into  host 
societies, including in education and training systems, 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. 

The Temporary Protection Directive implies that a person can benefit from the rights attached 
to  the  status  only  in  one  Member  State  at  a  time;  therefore,  beneficiaries  of  temporary 
protection  who  move  to  another  Member  State  to  enjoy  temporary  protection  should  not 
benefit  from  social  assistance  in  two  Member  States  simultaneously.  At  the  same  time,  to 
ensure that the rights attached to temporary protection are enjoyed in only one Member State 
at  the  time,  and  to  avoid  multiple  registrations  for  temporary  protection,  Member  States 
should reject residence permit requests made on the basis of Article 8(1) of Directive 2001/55 
when it is apparent that the person concerned has already obtained a residence permit on that 
basis  in  another  Member  State  and  therefore  is  enjoying  the  rights  attached  to  temporary 
protection therein (see in this regard point 30 of the judgment of the Court (Tenth Chamber), 
case C-753/23 [Krasiliva], 27 February 2025).  

The Temporary Protection Registration Platform has been operative since 31 May 2022, with 
the  purpose  to  allow  the  Member  States  to  exchange  information  to  ensure  that  people 
enjoying  temporary  protection  or  adequate  protection  under  national  law  can  effectively 
benefit from their rights in the host Member State, while limiting possible abuse. To ensure 
the  Platform’s  proper  functioning,  it  remains  important  to  regularly  upload  data,  including 
figures of inactive registrations, 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  the  Platform’s  functioning  is  required  for  the 
prolongation of temporary protection. 

While  Eurostat  prepares  the  official  European  statistics  on  temporary  protection,  ensuring  a 
timely  situational  picture  for  operational  purposes,  coherent  administration  and  oversight  of 
the  issuance  of  residence  permits  requires  Member  States  to  regularly  upload  accurate  and 
timely  data  in  the  Temporary  Protection  Registration  Platform,  including  figures  regarding 
inactive registrations. 

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 Member States,  especially  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.  

Ensuring 
accommodation remains a priority.  

the  self-reliance  of  displaced  persons  and 

their 

transition 

to 

long-term 

In  this  context,  ensuring  long-term  and  sustainable  solutions  remains  key  for  the  future. 
While,  given  the  uncertainty  surrounding  the  situation  in  Ukraine,  displaced  persons  should 
continue to be protected, it is important, in parallel, to pave the way for a smooth transition 
out  of  temporary  protection,  which  better  reflects  the  situation  and  caters  for  the  needs  of 
those  residing  in  the  EU,  and  takes  into  account  the  capacity  and  reconstruction  needs  of 
Ukraine. This strategic and gradual approach would allow displaced persons, Member States, 
and Ukraine to be collectively prepared for when the situation in Ukraine will be conducive to 

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returns  in  safe  and  durable  conditions  and  no  reasons  for  continuing  temporary  protection 
persist.  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  Member  States’  asylum  systems  would  be  unable  to  process  the  inflow 
without  adverse  effects  for  their  efficient  operation.  Between  February  2022  and  February 
2025,  around  72  600  applications  for  international  protection  (compared  to  52  000  between 
February 2022 and June 2024) were lodged by Ukrainian nationals in the EU. In January and 
February  2025,  Applications  for  international  protection  lodged  by  Ukrainian  nationals 
increased by 86% compared to the January-February period in 2024, with France and Poland 
ranking  first  and second, respectively,  as the main receiving countries of  these  applications. 
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. 

According  to  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  intentions 
survey of November 20247, the proportion of displaced persons planning or hoping to return 
to Ukraine in the future has decreased compared to six months before (from 59 % to 57 %), 
while the share of those who are undecided about returning has increased (24 % to 27 %), as 
well as those who report no hope to return (11 % to 12 %). The International Organization for 
Migration  (IOM)  reports8  a  large  majority  of  persons  it  has  surveyed  (70 %)  intending  to 
return to Ukraine if and when it is safe. 
Furthermore, according to the survey9 of the European Union Agency for Asylum (EUAA), 
about  one  in  three  (20%)  respondents  in  2024  were  determined  to  return  or  leaning  (14%) 
towards returning, which is a significant drop from one in two respondents in 2023.  

These surveys confirm that the majority of displaced persons from Ukraine consider that they 
are still unable to return to Ukraine in safe and durable conditions.  

In  Ukraine,  Russia’s  war  of  aggression  continues  unabated.  Russia  persists  in  its  deliberate 
and  systematic  targeting  of  civilian  infrastructure  and  populated  areas.  According  to  the 
United  Nations  Human  Rights  Monitoring  Mission  in  Ukraine,  the  number  of  civilian 
casualties in March 2025 rose by 70% compared to the same month in 2024. This represents a 
significant escalation and underscores the sustained toll of the war on civilians.  

Unpredictable air and drone strikes by Russian forces continue to pose a serious threat across 
the  country,  reaching  regions  far  beyond  the  front  lines.  These  attacks  highlight  the  broad 
geographical scope and indiscriminate nature of the ongoing aggression. The air attacks also 
affect  the  energy  infrastructure  leaving  millions  of  people  without  electricity,  water,  and/or 
heating. In the energy sector, there has been a 93% increase in damaged or destroyed assets in 
2024, including power generation, transmission, and distribution infrastructure. 

As  of  April  2025,  the  IOM  estimates  that  there  are  3 757 000  internally  displaced  persons 
(IDPs)10  in  Ukraine.  Two-thirds  (66%)  of  IDPs  had  been  displaced  for  over  two  years,  and 
79% had been displaced for over a year. The share of IDPs who had been displaced for more 
than two years was highest among IDPs who resided in the West of the country. According to 
the  information  provided  in  the  fourth  Rapid  Damage  and  Needs  Assessment  (RDNA4) 

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Lives on hold: Intentions and Perspectives of Refugees, Refugee Returnees and IDPs from Ukraine, 
November 2024. 
Ukraine Regional Response: Needs, Intentions, and Border Crossings | Displacement Tracking Matrix  
Surveys of Arriving Migrants from Ukraine: Movements and Returns Report (December 2024). 
Ukraine - Conditions of Return Assessment Factsheet - Round 9 (December 2024). 

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report11,  4 642 735  people  were  officially  registered  as  internally  displaced  persons  by  the 
Ministry of Social Policy. Poverty and food insecurity are reported to have further increased 
in  2024.  The  impacts  of  war  remains  uneven,  with  the  greatest  effects  felt  by  women, 
including on employment and in households’ critical needs, persons with disabilities, children 
and youth, IDPs, and the elderly. Over 12 000 people have been killed, more than 28 000 have 
been injured, and millions have lost their homes. 

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) estimates in 
January 2025 that over 12.7 million people in the country are in need of urgent humanitarian 
assistance in 202512.  

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  of  the  situation  within  Ukraine  shows  that  conditions 
currently  do  not  allow  for  the  termination  of  temporary  protection  for  beneficiaries  of 
temporary protection currently present in the EU Member States and for those who might still 
be  in  need.  These  persons  need  to  continue  being  protected  within  the  Union.  By  the  same 
token, were temporary protection to cease soon and all these persons to request international 
protection  at  the  same  time,  the  risk  posed  to  the  efficient  operation  of  the  national  asylum 
systems remains. 

Given  the  developments  above,  the  Commission  considers  that  currently  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 2026 to 4 
March 2027, 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.  

This is in line with the Union’s commitment to provide support to Ukraine and its people for 
as long  as it takes  and its support for a comprehensive, just and lasting peace, based on the 
principles of the Charter of the United Nations and international law. If circumstances would 
evolve such that a sustainable ceasefire could be observed before 4 March 2027, the European 
Commission may in such a case submit to the Council a proposal pursuant to Article 6 of the 
Temporary  Protection  Directive.  This  provision  allows  the  Council  to  bring  temporary 
protection  to  an  end  by  a  Decision  adopted  by  a  qualified  majority  on  a  proposal  from  the 
Commission,  which  must  also  examine  any  request  by  a  Member  State  that  it  submit  a 
proposal  to  the  Council.  Such  a  Council  Decision  would  have  to  be  based  on  the 
establishment of the fact that the situation in the country of origin is such as to permit the safe 
and durable return of those granted temporary protection, with due respect for human rights 
and fundamental freedoms and Member States’ obligations regarding non-refoulement. 

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. 

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Ukraine - Fourth Rapid Damage and Needs Assessment (RDNA4) : February 2022 - December 2024. 
Ukraine Humanitarian Needs and Response Plan 2025 (April 2025) [EN/UK] - Ukraine | ReliefWeb. 

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• 

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 adopted in May 2024. 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  to  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. That 
provision  provides  that  where  reasons  for  temporary  protection  persist,  the  Council  may 
decide by qualified majority, on a proposal  from the Commission,  to  extend that temporary 
protection by up to one year. 

• 

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 4.3 million people currently hosted in the Union. In 

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addition to the existing mass influx that 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  4.3  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. 

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  Ukraine13  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 
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  parties  continue  discussing  in  the  Temporary  Protection 
Registration Platform meetings 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  light  of  the  significant  number  of 

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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. 

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displaced  children  and  young  people,  these  efforts  increasingly  take  into  account  data  on 
integration in education and training systems.  

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 
Assessment14.  

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 2025, 
UNHCR estimates that 6.9 million persons fleeing Ukraine are recorded worldwide15.  

• 

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  through  a  series  of  meetings  in  April  2025  in  the  Council’s 
Working  Party  on  Integration,  Migration  and  Expulsion  (IMEX),  Strategic  Committee  on 
Immigration, Frontiers and Asylum (SCIFA) and Asylum Working Party, where the Member 
States underlined the need for temporary protection to be prolonged as soon as possible for an 
additional  year  to  maintain  a  common  European  response.  In  the  latest  SCIFA  meeting  in 
April 2024, Member States acknowledged that the current volatile situation does not allow for 
a change of the scope of application of temporary protection. However, should a situation be 
conducive in the future, and with a view to ensure consistency with a gradual and coordinated 
transition  out  of  temporary  protection,  further  discussions  would  be  held  on  the  scope  of 
temporary protection.  

Parallel and complementary discussions took place 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, 
exchanges  and reflections  in  the abovementioned  fora took  place on the  need to  provide, in 
parallel to a further extension, the conditions to ensure a smooth transition out of temporary 
protection  that  would  ensure  flexibility  to  be  able  to  better  respond  to  the  volatile  situation 

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World Bank Group, “Ukraine Fourth Rapid Damage and Needs Assessment (RDNA4) (February2022 – 
December 2024). 
Ukraine Refugee Situation. 

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and  to  better  reflect  the  situation  of  displaced  persons  in  the  EU  and  those  in  Ukraine.  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 March 2025, 
109 civil society organisations have published a joint statement16 on the situation of displaced 
persons from Ukraine respectively, calling, among others, on the Commission to propose 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 the relevant HOME Affairs and Cohesion Policy17.  

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 2026 
to  4  March  2027)  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. 

16 

17 

Joint statement signed by 109 humanitarian and civil society organisations for long-term solutions for 
displaced Ukrainians. 
Cohesion’s  Action  for  Refugees  in  Europe,  the  so  called  ‘CARE’  package  (CARE,  CARE-plus  and 
Fast-CARE).  

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2025/0650 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

extending temporary protection, as introduced by Implementing Decision (EU) 
2022/382, until 4 March 2027 

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 thereof18, and in particular Article 4(2) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

18 
19 

20 

21 

22 

On  4  March  2022,  the  Council  adopted  Implementing  Decision  (EU)  2022/38219 
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)  2023/240920 
extending  the  temporary  protection  as  introduced  by  Implementing  Decision  (EU) 
2022/382  until  4  March  2025.  On  11  June  2024,  the  Council  adopted  Implementing 
Decision  (EU)  2024/183621  extending  the  temporary  protection  as  introduced  by 
Implementing Decision (EU) 2022/382 until 4 March 2026. 

In  the  context  of  the  activation  of  Directive  2001/55/EC,  Member  States  agreed 
unanimously  in  a  statement22  not  to  apply  Article  11  of  that  Directive  {Directive 
2001/55/EC}  in  relation  to  persons  who  enjoy  temporary  protection  in  a  given 
Member State in accordance with Implementing Decision (EU) 2022/382, and moving 

  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 
having 
(OJ  L  71,  4.3.2022,  p.  1, 
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 
(OJ  L,  2023/2409,  24.10.2023, 
introduced  by 
ELI: http://data.europa.eu/eli/dec_impl/2023/2409/oj). 
Council  Implementing  Decision  (EU)  2024/1836  of  25  June  2024  extending  temporary  protection  as 
introduced  by 
(OJ  L,  2024/1836,  3.7.2024, 
ELI: http://data.europa.eu/eli/dec_impl/2024/1836/oj). 
Statement of the Member States. 

Implementing  Decision 

Implementing  Decision 

(EU)  2022/382 

(EU)  2022/382 

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(5) 

(6) 

(7) 

to  another  Member  State  without  authorisation,  unless  on  a  bilateral  basis  Member 
States agree otherwise. 

Given  that  a  person  can  benefit  from  the  rights  attached  to  temporary  protection  in 
only one Member State at a time, to ensure that this is the case, and to avoid multiple 
registrations  for  temporary  protection,  Member  States  should  reject  residence  permit 
requests made on the basis of Article 8(1) of Directive 2001/55/EC when it is apparent 
that  the  person  concerned  has  already  obtained  a  residence  permit  on  that  basis  in 
another  Member  State  and  therefore  is  enjoying  the  rights  attached  to  temporary 
protection  therein,  including  social  assistance.  This  would  be  coherent  with  the 
judgment  of  the  Court  of  Justice  of  the  European  Union  in  case  C-753/23  and  in 
particular its paragraph 30. 

timely  situational  picture 

for  operational  purposes,  coherent 
To  ensure  a 
administration  and  oversight  of  the  issuance  of  residence  permits,  Member  States 
should  regularly  upload  accurate  and  timely  data  in  the  Temporary  Protection 
Registration Platform, including figures regarding inactive registrations. 

There  are  almost  4.3  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 4.3 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 majority 
of  displaced  people’s  return  to  Ukraine  in  safe  and  durable  conditions.  The 
International  Organization  for  Migration  estimates  that,  as  of  April  2025,  3 757 000 
people  are  internally  displaced  within  Ukraine.  Two-thirds  (66%)  of  internally 
displaced persons had been displaced for over two years, and 79% had been displaced 
for over a year. The share of internally displaced persons who had been displaced for 
more than two years was highest among internally displaced personswho resided in the 
West  of  the  country  (78%).  The  United  Nations  Office  for  the  Coordination  of 
Humanitarian Affairs estimated that over 12.7 million people in Ukraine are in need of 
urgent humanitarian assistance in 2025. 

(8)  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  Russia’s  war  of  aggression,  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.  

(9) 

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 2026, 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 should 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 2026, 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 2027. 

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(10)  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 2027. 

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

the Charter of Fundamental Rights of the European Union. 

(12)  The Council reconfirms its commitment to providing support to Ukraine and its people 
as  long  as  it  takes  and  reiterates  its  support  for  a  comprehensive,  just  and  lasting 
peace, based on the principles of the UN Charter and international law and in the event 
of a sustainable ceasefire, the Council stands ready to act in accordance with Article 
6(1)(b) of Directive 2001/55/EC. 

(13) 

(14) 

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

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  Decisions  (EU) 
2023/2409  and  (EU)  2024/1836  shall  be  extended  for  a  further  period  of  one  year  until 
4 March 2027. 

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 

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