|Author (Corporate)||Council of the European Union|
|Series Title||Official Journal of the European Union|
|Series Details||L 71, Pages 1-6|
|Content Type||Blog & Commentary, News, Policy-making|
Council Implementing Decision (EU) 2022/382 - adopted by the Council of the European Union on 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 - also known as the Temporary Protection Directive - sets up a scheme to deal with mass arrivals in the European Union (EU) of foreign national who cannot return to their countries, in particular due to war, violence or human rights violations. It puts in place immediate temporary protection for these displaced people.
Following the start of the Russian military invasion of Ukraine in February 2022, the European Council called for work to be taken forward on preparedness at all levels and invited the European Commission to put forward contingency measures. The gravity of the war and its proximity to the EU's external borders, as well as the initial figures concerning already displaced people from Ukraine entering neighbouring EU countries, indicated that the EU would likely face a situation characterised by a mass influx of Ukrainians and other third-country or stateless persons legally residing in Ukraine at the time of the country, who were forced to leave the country because of Russia's aggression.
In this context, the proposed Decision allows the Council to establish the existence of a mass influx of displaced persons based on Council Directive 2001/55/EC. The objective is to active the application of the Directive, outlining elements such as a description of the specific groups of persons to whom the temporary protection should apply and the date on which the temporary protection is to take effect. Once adopted, the Council Implementing Directive required Member States to apply the measures they have taken to transpose and implement the Temporary Protection Directive, and thus fulfil their obligations towards persons enjoying temporary protection set out in Chapter III of the Directive.
The proposed Council Implementing Decision was tabled by the European Commission on 2 March 2022. It was adopted by the Council of the European Union on 4 March 2022. The non-legislative act was published in the Official Journal on that same day.
While Denmark is not bound by the Directive due to its opt out, the national government introduced a special law that resembles it. It entered into force on 18 March 2022.
|Subject Categories||Justice and Home Affairs|
|Subject Tags||Asylum | Refugees, Wars | Conflicts|
|Keywords||War in Ukraine (2022-)
|Countries / Regions||Ukraine|
|International Organisations||European Union [EU]|