Together with nine other MEPs from four political groups, I put a question on the application of the Temporary Protection Directive to stateless refugees from Ukraine. You can find the question and the answer in several languages also here.
Our request from 20 May 2022
EU member states are not obliged to extend the granting of temporary protection to the most stateless refugees from Ukraine. The Temporary Protection Directive applies only to stateless persons enjoying international protection (or equivalent status) in Ukraine. Stateless persons who can prove that they have resided permanently in Ukraine before 24 February 2022 and cannot safely return to their country or region of origin are also entitled to protection, but Member States can decide whether to apply the Temporary Protection Directive or to grant adequate protection under national law. Member States may extend protection to other persons, including stateless persons, lawfully residing in Ukraine.
- How does the Commission intend to ensure that the directive on the granting of temporary protection is implemented in all areas by the Member States in accordance with the principles of non-discrimination and respect for the rights of stateless persons enshrined in international and Union law?
- Does the Commission intend, firstly, to adopt the operational guidelines for the implementation of the Directive on the granting of temporary protection to amend them so that they also apply to stateless persons residing in Ukraine who do not have documentary evidence of their ties to that country; second, to clarify that equivalent national protection includes protection as a stateless person within the meaning of the 1954 Convention relating to the Status of Stateless Persons; and third, to introduce flexibility in the documentary requirements to allow the inherent difficulties in proving statelessness through documents to take into account?
- Does the Commission intend to include information on statelessness in the EUâ€™s preparedness and contingency plan for migration?
Answer given by Ylva JohanssonÂ on behalf of the European Commission on August 3, 2022.
The protection of all those who are stateless or at risk of statelessness is a concern of the Commission. The relevant Council Decision of 4 March 2022 on the introduction of temporary protection under the Temporary Protection Directive also extends to certain categories of stateless persons who fall within those categories entitled to temporary protection or other appropriate protection under national law. Member States may extend protection to all other stateless persons. Member States had to comply with the minimum standards and rights of the Temporary Protection Directive by 31 December 2002. or on the occasion of accession to the EU into national law. These provisions were activated by the Council decision of March 4, 2022. The Commission has urged Member States in various ways (operational guidelines, own agenda items, missions, etc.) and in many fora (Solidarity Platform, Blueprint, Council Working Groups, etc.) to apply these provisions appropriately to all persons covered by the Directive, including stateless persons, who in particular face specific challenges in terms of evidence and status determination.
2. the operational guidelines of the Commission for the implementation of the Council decisionwhich already contain chapters on evidence and status determination, will be updated to take due account of the situation on the ground and changing needs.
The Commission regularly updates the information collected under the EU Preparedness and Response Plan and adapts it according to developments and data availability. In addition, statelessness was a specific agenda item for the Solidarity Platform established to implement 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 introducing temporary protection (OJ L 71, 4.3.2022, p. 1).
-  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 (OJ L 212, 7.8.2001, p. 12).
-  Article 32 of Directive 2001/55/EC.
-  Communication from the Commission on operational guidelines for the implementation of 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 introducing temporary protection (OJ C 126I, 21.3.2022, p. 1).