Considerations on COM(2024)253 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)253 - . |
|---|---|
| document | COM(2024)253 |
| date | June 25, 2024 |
(2) 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.
(3) 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.
(4) 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 another Member State to enjoy temporary protection should not benefit from the social assistance in two Member States simultaneously.
(6) 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) Ireland is bound by Directive 2001/55/EC and is therefore taking part in the adoption and application of this Implementing Decision.
(12) 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.