Council Implementing Decision (EU) 2022/382 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

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Series Details L 71, Pages 1-6
Publication Date 04/03/2022
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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.

Further information:

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.

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Commentary and Analysis
International Centre for Migration Policy Development (ICMPD): Blog, 02/03/2022: The war in Ukraine and the renaissance of temporary protection - why this might be the only way to go
Oxfam International: Press Release, 03/03/2022: Europe at a turning point: Oxfam reaction to temporary protection directive proposal
The Conversation, 03/03/2022: Help for Ukraine’s fleeing refugees shows the power of support when the political will is there
EPRS: At a Glance, 04/03/2022: Russia's war on Ukraine: Assisting Ukrainians at the EU's borders
International Rescue Committee (IRC): Press Release, 04/03/2022: IRC statement on the European Union granting of temporary protection to people fleeing Ukraine
International Commission of Jurists (ICJ): News, 04/03/2022: EU/Ukraine: Temporary Protection Directive should provide effective protection for all fleeing the hostilities in Ukraine
IPS Journal: European Integration, 04/03/2022: The return of ‘Cold War’ refugee policy
Amnesty International: News, 04/03/2022: EU: Temporary Protection is needed for everyone fleeing Ukraine
Verfassungsblog, 05/03/2022: Temporary Protection for Ukrainians. The Unexpected Renaissance of ‘Free Choice’
The Economist, 05/03/2022: A new refugee crisis has come to Europe
Brookings: Lawfare Institute: Blog, 05/03/2022: Sharing Responsibility for Ukrainian Refugees: An Unprecedented Response
Oxford University: Faculty of Law: Blog, 07/03/2022: The Living Nightmare in Ukraine and Europe’s Latest Refugee Crisis
EU Migration Law Blog, 08/03/2022: Collective protection as a short-term solution: European responses to the protection needs of refugees from the war in Ukraine
Bar of Ireland: Law Library: Viewpoints, 09/03/2022: A Primer on The Temporary Protection Directive – Alternative protection for those fleeing Ukraine
RTÉ Brainstorm, 09/03/2022: How the EU is helping Ukrainians fleeing war
openDemocracy: Migrant Futures: Opinion, 11/03/2022: Ukrainian refugees need security. EU’s temporary protection can’t give it

Bloomberg, 02/03/2022: EU to Offer Rights to Ukrainians to Avoid Humanitarian Disaster
Reuters, 02/03/2022: EU Commission proposes temporary residence rights for Ukraine refugees
The Guardian, 02/03/2022: Ukraine refugees given right to live in EU for three years
Deutsche Welle, 03/03/2022: Ukraine: EU agrees protection plan for refugees
RFE/RL, 03/03/2022: EU Approves 'Historic' Measures To Protect Ukraine's Refugees
The Irish Times, 03/03/2022: EU grants Ukrainians temporary residency in unprecedented move
The Local (Italy), 03/03/2022: EU countries agree to lift visa rules for Ukrainians fleeing war
EUObserver, 03/03/2022: Foreign students in Ukraine excluded from EU refugee law
Reuters, 03/03/2022: EU backs move to give Ukraine refugees temporary residency
Euronews, 03/03/2022: EU countries agree to host Ukrainian refugees under exceptional protection scheme
Politico, 03/03/2022: EU hails ‘historic’ deal to protect Ukrainian refugees
ERR News, 04/03/2022: EU offers year-long temporary protection to all Ukrainians fleeing war
Euronews, 04/03/2022: Hungary does not back EU proposal on temporary protection for Ukraine refugees
EurActiv, 04/03/2022: EU ministers activated temporary protection directive for Ukrainians, 05/03/2022: EU grants residence and working rights to Ukrainians fleeing conflict

EUR-LEX: COM(2022)91: 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, and having the effect of introducing temporary protection
European Commission: Press Release, 02/03/2022: Ukraine: Commission proposes temporary protection for people fleeing war in Ukraine and guidelines for border checks
S&D EP Group: Newsroom, 02/03/2022: S&Ds urge Council to give its unanimous support for Ukraine refugee protection measures
Finnish Government: Press Release, 02/03/2022: Coordination group to deal with migration situation in Finland following Russia’s attack
Greens/EFA EP Group: Press Release, 03/03/2022: Greens/EFA welcome agreement on special measures for refugees fleeing Ukraine
Council of the European Union: Press Release, 04/03/2022: Ukraine: Council unanimously introduces temporary protection for persons fleeing the war
Swedish Government: Articles, 04/03/2022: EU agrees to activate Temporary Protection Directive
United Nations: UNCHR: Press Release, 04/03/2022: UNHCR welcomes EU decision to offer Temporary Protection to Refugees fleeing Ukraine
Finnish Government: Press Release, 07/03/2022: Government decides on temporary protection category of people fleeing Ukraine
Spanish Government: News, 09/03/2022: Government of Spain launches streamlined and simple system to enable displaced persons from Ukraine to access temporary protection
Irish Government: Publications, 10/03/2022: Temporary Protection
European Commission: European Website on Integration,16/03/2022: New Danish law for Ukrainians mirrors EU Temporary Protection Directive

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