Considerations on COM(2023)546 - Extension of temporary protection as introduced by Implementing Decision (EU) 2022/382

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dossier COM(2023)546 - Extension of temporary protection as introduced by Implementing Decision (EU) 2022/382.
document COM(2023)546
date October 19, 2023
 
(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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 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.

(6) 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.

(7) 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.

(8) 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.

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

(10) 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.