Forslag til RÅDETS HENSTILLING om en koordineret tilgang til overgangen fra midlertidig beskyttelse for fordrevne personer fra Ukraine

EN EN
EUROPEAN
COMMISSION
Brussels, 4.6.2025
COM(2025) 651 final
2025/0651 (NLE)
Proposal for a
COUNCIL RECOMMENDATION
on a coordinated approach to the transition out of temporary protection for displaced
persons from Ukraine
Offentligt
KOM (2025) 0651 - Henstilling
Europaudvalget 2025
EN 1 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
On 4 March 2022, the Council adopted implementing Decision 2022/382 and activated
Council Directive 2001/55/EC of 20 July 2001 (the ‘Temporary Protection Directive’) for
certain categories of people displaced on or after 24 February 2022, as a result of the military
invasion of Ukraine by Russian armed forces that began on that date. Pursuant to Article 4(1)
of the Temporary Protection Directive, temporary protection was first applied for an initial
period of 1 year, until 4 March 2023, and was then automatically extended for one additional
year until 4 March 2024.
Since that date, the duration of temporary protection has been further extended twice. On 19
October 2023, the Council adopted Implementing Decision (EU) 2023/2409 extending
temporary protection until 4 March 2025. On 25 June 2024, the Council adopted
Implementing Decision (EU) 2024/1836 extending temporary protection for a further period
of one year, until 4 March 2026.
The Temporary Protection Directive continues to provide a sound legal framework for
ensuring the same, harmonised standards of protection for millions of people fleeing the war
in Ukraine to the EU. As the reasons for temporary protection persist, due to the ongoing
volatile situation in Ukraine that does not yet allow to conclude that there are safe and durable
conditions for return as well as the ongoing uncertainty on how the situation in the country
will evolve, the Commission is presenting this proposal for a Council Recommendation
alongside the proposal to extend temporary protection for a further year, until 4 March 2027.
Temporary protection is by its nature temporary. At some future point in time, when the
circumstances change to allow for sufficient certainty about the situation in Ukraine, and in
particular the conclusion that safe and durable conditions for return would exist, temporary
protection will need to come to an end. It is necessary to be ready for this change when that
time comes. Therefore, it is important to pave the way for a smooth and well-coordinated
transition out of temporary protection that will cater for the needs of those residing in the EU,
while taking into account the capacity and reconstruction needs of Ukraine.
Inherent to the definition of temporary protection is also the need to avoid risks to the
Member States’ national asylum systems which would otherwise be unable to process large
number of applications for international protection without undermining their efficient
operation. This consideration is of key importance when mapping the transition out of
temporary protection to ensure that a future ending of temporary protection avoids adverse
impacts on national asylum systems.
The EU needs a common approach for the future. Our approach must balance the interests of
Member States, of the people who sought refuge in the EU, and of Ukraine, while offering
predictability, stability and a more balanced impact across Member States. A common
European approach also allows us to fully consider the views of the Ukrainian government
and the country’s reconstruction needs.
In this context, the Commission proposes a set of coordinated measures to transition from
temporary protection to other legal statuses, as well as to support people who wish to go home
when the situation allows. Knowing what will happen when temporary protection ends,
EN 2 EN
providing possibilities for continuing legal residence in the EU as well as possibilities to go
back home would allow persons enjoying temporary protection to make informed choices
about their future, while ensuring legal certainty on their status.
Based on these considerations, the Commission proposes that the Council Recommendation
focuses on four sets of measures to:
(1) promote and facilitate the transition to other legal statuses already before the
end of temporary protection;
(2) pave the way for a smooth and sustainable reintegration in Ukraine;
(3) ensure information provision to displaced persons; and
(4) ensure coordination, monitoring and exchange of information among Member
States and with the Ukrainian authorities.
Measures to promote and facilitate the transition to other legal statuses already before
the end of temporary protection
Temporary protection was initially activated to provide immediate relief to individuals fleeing
Russia’s war of aggression against Ukraine, ensuring that the Member States’ asylum systems
would not be overwhelmed by a large number of applications for international protection, and
preventing the risk that Member States would be unable to process applications without
adverse effects on their efficient operation, in the interest of the persons requesting protection.
Many displaced persons who have benefitted from temporary protection have now been in the
EU for several years, and have integrated into their host societies by learning the language,
finding employment, and enrolling in education.
It would therefore be appropriate that these persons are offered the possibility, and are
encouraged, to transition into national legal statuses that better represent their actual situation
in the Union. These could be, for example, residence permits based on employment,
education, research, family reasons, or a national long-term resident status where applicable.
At the same time, there might be others who do not fall under any of the existing national
permits. There are some Member States that are creating so-called ‘omnibus’ permits that
intend to provide the same permit to cover all those benefiting from temporary protection,
irrespective of their individual circumstances, and having been resident in the host Member
State at least for a certain period of time. These national statuses could offer more stability
than the annually prolonged temporary protection.
Information provision to encourage this transition to other statuses should also be developed
or enhanced, as it is important for the persons enjoying temporary protection to understand the
advantages of such statuses and their rights when transitioning to such residence permits as
well as to be offered reassurances that there will be alternatives to applying for international
protection.
To support the transition of persons enjoying temporary protection to other legal statuses, and
offering them alternative options in these exceptional circumstances, Member States should
allow persons enjoying temporary protection, particularly where transitioning to national legal
EN 3 EN
statuses is not possible, and who would otherwise qualify for another status based on EU law1
,
to apply for authorisations regulated under the Blue Card Directive2
, the Single Permit
Directive3
and the Students and Researchers Directive4
. This is possible provided that they
would not concurrently hold this status with an authorisation granted under those Directives.
Member States should inform persons enjoying temporary protection, as soon as possible and
at the latest at the time of the application for an authorisation, of the difference between the
rights conferred under temporary protection and under these Directives. They should also
inform them, as soon as possible and at the latest at the time of the application, that they
cannot concurrently benefit from temporary protection and be granted an authorisation under
these Directives.
Measures to pave the way for a smooth and sustainable reintegration in Ukraine
Member States being ready for the eventual phasing out of temporary protection makes it
essential to ensure that going back home and reintegrating in Ukraine takes place in an orderly
and humane manner, supporting those who are willing and able to return to Ukraine, while
taking into account their varying individual circumstances. Indeed, some may already intend
to go back home in the short term whereas others may require more time, given their specific
circumstances.
Furthermore, even in a situation of peace, Ukraine will need time to rebuild its capacity to
welcome back all those persons displaced by the war. Ukraine needs its human capital and is
working towards ensuring the conditions to facilitate the return of Ukrainians hosted in the
EU. It is therefore important to consider the capacity of Ukraine to reintegrate in a sustainable
manner all those displaced by the war. To help Ukraine in its efforts, the process should be
managed gradually, and it should take into account Ukraine’s challenges particularly to cater
for the special needs of vulnerable persons. The Temporary Protection Directive provides
several provisions that offer possibilities to address those types of situations.
Article 21(1) of the Directive requires Member States to take the measures necessary to make
possible the voluntary return of persons enjoying temporary protection or whose temporary
protection has ended, to facilitate their return, in full respect of human dignity. In this context,
Member States should allow for self-funded exploratory visits to Ukraine. These
exploratory visits may work as confidence-building measures for persons enjoying temporary
protection considering going home, helping them make informed decisions that support the
1
The EU legal migration Directives do not apply to third-country nationals solely on the basis that they
are persons enjoying temporary protection in accordance with Council Directive 2001/55/EC in a
Member State.
2
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the
conditions of entry and residence of third-country nationals for the purpose of highly qualified
employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1, ELI:
http://data.europa.eu/eli/dir/2021/1883/oj).
3
Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single
application procedure for a single permit for third-country nationals to reside and work in the territory
of a Member State and on a common set of rights for third-country workers legally residing in a
Member State (OJ L, 2024/1233, 30.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1233/oj).
4
Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the
conditions of entry and residence of third-country nationals for the purposes of research, studies,
training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132,
21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj).
EN 4 EN
sustainability of their return to Ukraine. Exploratory visits can help them to check on family
or property, to assess the level of destruction in their communities, and in general, the overall
conditions in their home country.
In the context of a smooth transition out of temporary protection, Member States should set
up a more structured approach to promote exploratory visits. It is essential though that where
Member States allow for exploratory visits, the parameters, conditions and requirements for
such visits are established, coordinated with other Member States and communicated in a
transparent manner. Member State should set up contact points for the latter purpose. It is also
important to consider that there may be persons enjoying temporary protection who will not
be able to organise and finance the exploratory visits by themselves, in which case, the
Member State may consider to organise and support such exploratory visits.
As part of the measures to make the voluntary return of persons who enjoyed temporary
protection possible, Member States should set up voluntary return programmes. These are
not to be considered programmes under the Return Directive, as the persons concerned legally
reside in the host Member State until the end of temporary protection and as no return
decision is therefore required. Instead, these are programmes that could allow for the
sustainable, gradual and orderly returning home of those who had previously been covered by
temporary protection in the Member State, taking into account the needs and capacity of
Ukraine as well as of those displaced.
Given the complexity of the situation and having regard to those who remained, including
internally displaced persons, voluntary return programmes should be designed with a view to
upholding social cohesion in Ukraine and therefore bringing benefits to the local community
rather than taking the form of individualised benefit packages. For this reason, close
coordination with the Ukrainian authorities would be fundamental when designing and
implementing such voluntary return programmes.
The Ukraine Investment Framework5
will play a crucial role in preserving human capital and
creating conditions for return. Education, housing, healthcare, care economy and social
protection are priority sectors. Ongoing projects support the restoration of municipal
infrastructure and help finance businesses affected by the war. New investment programmes
accepted in March 2025 will support housing needs and future calls will include access to
finance and jobs for vulnerable groups, including returnees. These voluntary return
programmes should be comprehensive and well-communicated. Member States should
establish the eligibility conditions for benefitting from such programmes. To limit risks of
possible misuse, persons deciding for this possibility should be required to enrol in a
voluntary return programme.
Voluntary return programmes set up by Member States should have a limited and fixed
duration after temporary protection has ended. It would be important to coordinate among EU
Member States and with the Ukrainian authorities the initial duration of the voluntary return
programmes. A duration of possibly up to one year would help the coordination with the
Ukrainian authorities to cater for the needs of the persons concerned when they reintegrate in
5
The Ukraine Investment Framework (UIF) is part of the EUR 50 billion Ukraine Facility, designed to
attract public and private investments for the recovery and reconstruction of Ukraine. It is endowed with
financial instruments totalling EUR 9.3 billion, with EUR 7.8 billion in loan guarantees and EUR 1.5
billion in blended finance. Its aim is to mobilise EUR 40 billion of investments for recovery,
reconstruction, and modernisation.
EN 5 EN
the communities in Ukraine, such as the identification of accommodation or housing,
employment, or access to basic services and infrastructures, including medical care.
As the circumstances on the ground may evolve between now and the end of temporary
protection, Member States should also coordinate among themselves and with the Ukrainian
authorities the duration of the voluntary return programmes, and the setting out of a different
or extended period for voluntary departure under the voluntary return programmes if the time
foreseen is not sufficient to ensure a gradual and sustainable reintegration in Ukraine.
Furthermore, Article 21(3) of the Directive allows for individual extensions of the Member
States’ obligations for those who have been covered by temporary protection and are
benefitting from a voluntary return programme. To ease the administrative burden of
individual case-by-case extensions, Member States should extend by default all the rights
attached to temporary protection to those enrolled in the voluntary return programme, in line
with Article 21(3), until the date of return to Ukraine or until the end of the period for
voluntary departure under the programme. In addition, to ensure continuity and to avoid
situations in which the persons who benefited from temporary protection would be illegally
staying immediately after the end of temporary protection, Member States should ensure that
persons who benefited from temporary protection can legally reside in the territory of the
Member State in the period between the end of temporary protection and the timeframe in
which those persons can enrol in the voluntary return programme.
The Directive also contains provisions for situations where persons might not be able to return
due to specific circumstances, namely their health. Pursuant to Article 23(1) of the Directive,
Member States shall take the necessary measures concerning the conditions of residence of
persons who have enjoyed temporary protection and who cannot, in view of their state of
health, reasonably be expected to travel, when, for example, they would suffer serious
negative effects if their treatment was interrupted. This measure would provide for their
continued legal residence and a safety net for individuals whose health or other personal
conditions prevent them from travelling.
Due to the effects of the war, it is possible that right at the end of temporary protection,
Ukraine would not be in a position to cater for the needs of persons with some specific
vulnerabilities also beyond health. Taking inspiration from Article 23(1) of the Directive,
Member States should be encouraged to provide options for continuing the legal residence
also for other vulnerable persons not covered by the transition to other statuses or by the
possibility already offered by the Directive under Articles 21 and 23, whose individual
situation might not allow for return (for example, because they have other types of
vulnerabilities that Ukraine is unable to cater for immediately after temporary protection has
ended). This would also contribute to a sustainable, gradual and orderly transition both for the
persons in need and for Ukraine.
Furthermore, under Article 23(2) of Temporary Protection Directive, Member States may
allow families whose children are minors and attend school in a Member State to benefit from
residence conditions allowing the children concerned to complete the ongoing school period.
The use of this provision should be encouraged.
Measures to ensure information provision to displaced persons
Many of the measures outlined above require displaced persons to be properly informed to
help them make informed choices in full knowledge of the facts. In this context, it is
EN 6 EN
important that Member States set up the necessary structures and procedures, including
through information campaigns, while maximising the use of existing tools and channels to
avoid a duplication of efforts.
In addition, following the initiative6
of the Ukrainian Minister of National Unity to set up
hubs in Member States to maintain a connection with Ukrainians living abroad, some Member
States have shown interest and are currently in the process of establishing on their territory
Unity Hubs.
These Unity Hubs will serve as multipurpose information centres for both integration of
displaced people in the host societies and for going back home to Ukraine. In this context, and
in order to streamline ongoing efforts, such Unity Hubs could also be used to provide
information on transitioning to national statuses, exploratory visits to Ukraine and voluntary
return programmes, to help guarantee that any decisions of displaced persons are made in full
knowledge of the facts, in accordance with Article 21(1) of the Council Directive
2001/55/EC.
In order to support the setting-up of Unity Hubs, Member States may use their Asylum,
Migration and Integration Fund (AMIF) programmes, including the additional allocations
stemming from the Multi-annual Financial Framework revision and the mid-term review of
national programmes. They may also receive support from international organisations and
third countries for this purpose and are encouraged to incorporate the knowledge, capacities
and networks offered by these organisations into their individual plans for giving life to the
Unity Hub concept.
Measures to ensure coordination, monitoring and exchange of information among
Member States and with the Ukrainian authorities
It is crucial to ensure a coordinated approach among Member States and with the Ukrainian
authorities regarding the implementation of the measures proposed. In this context, Member
States should use existing structures to coordinate, exchange information and monitor the
situation on the ground, including in the Solidarity Platform, which the Ukrainian authorities
will be invited to attend, as needed.
While Eurostat prepares the official European statistics on temporary protection, ensuring a
timely situational picture for operational purposes requires Member States to regularly update
their data in the Temporary Protection Registration Platform, including figures regarding
inactive registrations. As the transition out of temporary protection will lead to significant
changes in the status of displaced persons, it is essential to have an accurate and up-to-date
picture of the evolving situation. Thus, Member States should regularly upload accurate and
timely data in the Temporary Protection Registration Platform, including figures regarding
inactive registrations.
• Consistency with existing policy provisions in the policy area
This proposal seeks to pave the way for a transition out of temporary protection in a
coordinated manner and allowing Member States to prepare the next steps in advance, while
providing clarity on their legal status to the persons who fled the war in Ukraine.
6
Regulation 2113 of Cabinet of Ministers of Ukraine of January 2025.
EN 7 EN
• Consistency with other Union policies
This proposal supports Member States in meeting the needs of those who fled the war in
Ukraine and in assisting Ukraine in its efforts to reintegrate the persons returning home.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The Treaty on the Functioning of the European Union (TFEU), and in particular Article 78(1),
Article 79(1), as well as Article 292, first and second sentence, thereof, which enables the
Council to adopt recommendations. According to this provision, the Council shall act on a
proposal from the Commission in all cases where the Treaties provide that it shall adopt acts
on a proposal from the Commission.
• Subsidiarity (for non-exclusive competence)
Title V of the TFEU on the Area of Freedom, Security and Justice confers certain powers on
these matters on the European Union. These powers must be exercised in accordance with
Article 5 of the Treaty on the European Union, i.e. if and in so far as the objectives of the
proposed action cannot be sufficiently achieved by the Member States alone and can,
therefore, by reason of the scale or effects of the proposed action, be better achieved by the
European Union.
The situation in Ukraine as a result of the Russian war of aggression continues to impact the
EU as a whole. It has been met with an unprecedented and unified response by the European
Union. This shows that it still requires EU solutions and EU support, as well as strong
coordination at EU level, as there is a continuous need for all Member States to effectively
respond to the situation together and to ensure the same standards and a harmonised set of
rights are applied across the Union for the 4.3 million people currently hosted in the Union.
It is clear that actions taken by individual Member States cannot satisfactorily address the
need for a common EU approach on the transition out of temporary protection, which clearly
constitutes a challenge common to the whole of the EU, given that individual actions taken by
one Member State will have an impact, including in terms of potential secondary movements,
in other Member States. A common approach is needed, which cannot be sufficiently
achieved by the Member States individually and requires the collective ownership of Member
States and can, by reason of the scale and effects of this proposed Council Recommendation,
be better achieved and coordinated at Union level, as also indicated by Member States
themselves. The Union must therefore act and may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5(3) of the Treaty on European Union.
• Proportionality
In accordance with the principle of proportionality, as set out in Article 5(4) of the Treaty on
the European Union, the proposed Council Recommendation provides for a coordinated
transition out of temporary protection, in the interest of the displaced persons concerned and
to avoid possible negative effects of divergent or inconsistent approaches taken by individual
Member States. The proposal does not go beyond what is necessary and proportionate for
achieving the intended objectives.
EN 8 EN
• Choice of the instrument
The choice of the instrument is a Commission proposal for a Council Recommendation,
which would allow to provide for a coordinated approach at EU level that ensure the
collective ownership of the measures of the Member States and the necessary support of the
EU institutions.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
[n.a]
• Stakeholder consultations
To gather evidence-based information, the Commission regularly consulted Member State
authorities, relevant EU Agencies, Ukrainian authorities and international organisations, while
maintaining exchanges with non-governmental and civil society organisations.
The Commission, in cooperation with the rotating presidencies of the Council of the European
Union, consulted Member States on the future of temporary protection in different fora and in
several occasions, including in the Council’s Strategic Committee on Immigration, Frontiers
and Asylum (SCIFA), Asylum Working Party and Working Party on Integration, Migration
and Expulsion, in April 2024. There, Member States underlined the need to provide a
coordinated approach at EU level on the transition out of temporary protection that would
accompany the further prolongation of the status until March 2027 to guarantee the necessary
time for a gradual approach, while providing clarity to displaced persons in the EU.
In the SCIFA meeting of 10 April 2025, Member States also expressed support for the
transition out of temporary protection to take the form of a Council Recommendation,
covering at least the transition to other legal statuses and measures to ensure a gradual return
to Ukraine, to guarantee collective ownership by the Member States. In parallel, the
Commission has consulted regularly the Member States most impacted by the hosting of a
large number of displaced persons from Ukraine on their territory.
Complementary discussions were held in the Solidarity Platform, where Member States
reiterated the need for a coordinated approach on the transition out of temporary protection
that is flexible and common at European level. In parallel, the Commission held regular
contacts with the Ukrainian authorities to better understand their needs. In addition, in
accordance with Article 3 of the Temporary Protection Directive, the Commission specifically
consulted the UNHCR, which has been assessing the situation and provided relevant input,
underlying the need for a common response at EU level that would ensure providing clarity
and proper rights and solutions to displaced persons.
In March 2025, 109 humanitarian and civil society organisations have published a joint
statement7
on the situation of displaced persons from Ukraine respectively calling on the
Commission to propose the further extension of temporary protection until March 2027, while
offering clarity on the future of temporary protection and residence status of people displaced
from Ukraine.
7
Three years since the activation of the Temporary Protection Directive: from emergency to longer-term
solutions.
EN 9 EN
• Collection and use of expertise
[n.a]
• Impact assessment
[n.a]
• Regulatory fitness and simplification
[n.a]
• Fundamental rights
This proposal respects fundamental rights and observes the principles in Articles 1, 7, 18, 19,
24, 25 and 26 of the Charter of Fundamental Rights of the European Union, as well as the
obligations stemming from international law, including the Geneva Convention of 28 July
1951 on the status of refugees, as amended by the New York Protocol of 31 January 1967.
4. BUDGETARY IMPLICATIONS
Since the start of the Russian war of aggression against Ukraine, funding needs linked to the
application of the Temporary Protection Directive have been accommodated within the
budget of the existing EU funding instruments under the period 2014-2020 and 2021-2027, in
particular under the relevant Home Affairs Funds and Cohesion Policy8
.
In addition, EUR 400 million were made available under the AMIF Thematic Facility and the
Integrated Border Management Fund (BMVI) Thematic Facility for emergency assistance to
support the Member States most affected by the mass influx of displaced persons from
Ukraine9
.
In Spring 2025, the Commission announced that EUR 3 billion will be made available to
financially support Member States until the end of 2027 for the implementation of the Pact
and for hosting beneficiaries of temporary protection from Ukraine. Member States may also
use allocations for which they qualified in the mid-term review of the AMIF to cover needs
relating to temporary protection.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
[n.a]
• Explanatory documents (for directives)
[n.a]
8
Cohesion’s Action for Refugees in Europe, the so called ‘CARE’ package (CARE, CARE-plus and
Fast-CARE)
9
Emergency assistance was allocated to ten Member States (PL, CZ, RO, HU, LT, LV, EE, BG, SK and
CY).
EN 10 EN
2025/0651 (NLE)
Proposal for a
COUNCIL RECOMMENDATION
on a coordinated approach to the transition out of temporary protection for displaced
persons from Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Articles 78(1) and 79(1) and Article 292 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Temporary protection for displaced persons from Ukraine who are unable to return to
their country or region of origin because of the Russian military aggression as
introduced by Council Implementing Decision (EU) 2022/382 and prolonged by
Council Implementing Decision (EU) 2023/240910
, (EU) 2024/183611
and (EU)
2025/...12
is in place until 4 March 2027. While it remains a testament to the Union’s
unity and solidarity with the people of Ukraine, temporary protection is by nature
temporary. It is therefore necessary to prepare the way towards a gradual, sustainable
and well-coordinated transition out of that status for the time when the conditions in
Ukraine are conducive to allow temporary protection to end, while taking into account
the capacity and reconstruction needs of Ukraine.
(2) In the context of discussions on the future of temporary protection, Member States
have called for such a coordinated approach at Union level. Building on the experience
of the Member States following the activation of Council Directive 2001/55/EC, it is
crucial to guarantee collective ownership and shared responsibility among all Member
States at Union level throughout this process.
(3) One of the objectives of activating Directive 2001/55/EC was to prevent Member
States’ asylum systems becoming overwhelmed and being unable to process a large
number of applications for international protection without adverse effects on their
efficient operation, in the interest of the persons requesting protection. The key
importance of this matter remains when mapping the transition out of temporary
protection. Furthermore, even in a situation of peace, Ukraine will need time to rebuild
its capacity to be able to welcome back all those persons displaced by the war. In order
to support Ukraine in its efforts to reintegrate the displaced persons, it is therefore
10
Council Implementing Decision (EU) 2023/2409 of 19 October 2023 extending temporary protection as
introduced by Implementing Decision (EU) 2022/382 (OJ L, 2023/2409, 24.10.2023, ELI:
http://data.europa.eu/eli/dec_impl/2023/2409/oj).
11
Council Implementing Decision (EU) 2024/1836 of 25 June 2024 extending temporary protection as
introduced by Implementing Decision (EU) 2022/382 (OJ L, 2024/1836, 3.7.2024, ELI:
http://data.europa.eu/eli/dec_impl/2024/1836/oj).
12
Council Implementing Decision (EU) 2025/… of … extending temporary protection as introduced by
Implementing Decision (EU) 2022/382 (OJ L, .., ELI: …).
EN 11 EN
important that the process is managed flexibly, gradually and considering the
individual situations of the persons concerned. This transition should therefore cater
for the needs of those currently benefitting from temporary protection and the needs of
Ukraine, while preserving the integrity of the Member States’ asylum systems.
(4) Many displaced persons who have benefitted from temporary protection have now
been in the Union for several years, and they have integrated into their host societies
by learning the language, finding employment, and enrolling in education. It is
therefore appropriate that they are offered the possibility to transition into national
legal statuses that better represent their actual situation in the Union already now,
where the conditions for continuing legal residence on other grounds are met. These
could be, for example, residence permits based on employment, education, research or
family reasons. Member States should therefore promote and facilitate this transition
including by providing clear information to help persons concerned understand the
advantages and rights conferred by these residence permits, in comparison to
temporary protection and international protection.
(5) In view of supporting the transition of persons enjoying temporary protection to other
legal statuses and of offering them alternative options in these exceptional
circumstances, Member States should allow persons enjoying temporary protection,
particularly where access to national statuses may not be possible, and who would
otherwise qualify for another status based on EU law, to apply for authorisations
regulated under the Directives (EU) 2016/80113
, (EU) 2021/188314
and (EU)
2024/123315
of the European Parliament and of the Council. This is possible provided
that they would not concurrently hold their temporary protection status and an
authorisation granted under those Directives. Consequently, Member States should
inform persons enjoying temporary protection, as soon as possible and at the latest at
the time of the application for an authorisation, of the difference between the rights
conferred under the temporary protection status and under those Directives. They
should also inform them, as soon as possible and at the latest at the time of the
application, that they cannot concurrently benefit from temporary protection and be
granted an authorisation under these Directives.
(6) For Member States to be ready for the eventual phasing out of temporary protection, it
is essential to ensure that going back home and reintegrating in Ukraine takes place in
an orderly and humane manner, and considers the varying individual circumstances of
displaced persons, supporting those who are willing and able to return to Ukraine.
While some persons may already intend to go back home in the short term, others may
require more time, given their specific circumstances. It is also important to consider
the capacity of Ukraine to reintegrate in a sustainable manner all those displaced by
13
Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the
conditions of entry and residence of third-country nationals for the purposes of research, studies,
training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132,
21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj).
14
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the
conditions of entry and residence of third-country nationals for the purpose of highly qualified
employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1, ELI:
http://data.europa.eu/eli/dir/2021/1883/oj).
15
Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single
application procedure for a single permit for third-country nationals to reside and work in the territory
of a Member State and on a common set of rights for third-country workers legally residing in a
Member State (OJ L, 2024/1233, 30.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1233/oj).
EN 12 EN
the war. Therefore, Member States should adopt measures that pave the way for a
smooth and sustainable reintegration in Ukraine, taking all these considerations into
account, by making full use and expanding the tools already provided for in Articles
21 and 23 of Council Directive 2001/55/EC.
(7) Those considering going back home to Ukraine should be able to make informed
decisions, which would also support the sustainability of their return. In the context of
a smooth transition out of temporary protection, Member States should set up a more
structured approach to promote self-funded exploratory visits, as provided for in
Article 21(1) of Directive 2001/55/EC. These visits could serve as confidence-building
measure for persons enjoying temporary protection as it would allow them to check on
family or property, or assess the level of destruction in their communities, and in
general the overall conditions in Ukraine. To increase the effectiveness of these visits
and to prevent abuses, Member State should set up the parameters, conditions and
requirements for such visits. Any such requirements should be coordinated with other
Member States and established and communicated in a transparent manner. For the
latter purpose, Member States should set up contact points. It is important to consider
that there might be persons who will not able to carry out exploratory visits by
themselves. Member States may consider in such cases organising and supporting such
exploratory visits.
(8) Member States are required to take the measures necessary to make the voluntary
return of persons whose temporary protection has ended possible. For this purpose,
Member States should set up voluntary return programmes. To ensure their
effectiveness and avoid risks of misuse, these programmes should be carefully
designed, comprehensive and well communicated, taking into account the needs and
capacity of Ukraine, as well as the need of displaced persons within the Union and the
situation of those who remained in Ukraine in order to uphold social cohesion. For this
reason, any such programme should prioritise support for reintegration in the
communities, for which Union funding will be available in Ukraine, instead of
individual packages. The conditions for eligibility for such programmes should be
clearly established, and the persons who intend to benefit from them be required to
enrol. Member States could consider, as part of those programmes, to assist in the
organisation of departures, for example where large numbers of displaced persons are
returning to the same area in Ukraine.
(9) While such voluntary return programmes should be of limited and fixed duration, they
should allow for sufficient time to ensure appropriate coordination with the Ukrainian
authorities with a view to facilitating the gradual and adequate integration of returning
persons in their communities, including access to basic services and facilities, such as
accommodation, housing or medical care. For this reason, and to ensure the initial
duration of the voluntary return programme is coordinated with all Member States and
the Ukrainian authorities, voluntary return programmes should provide for a period of
departure that allows these objectives to be attained, namely a period of possibly up to
one year. During this period, persons should be allowed to continue legally residing in
the Member State. As the circumstances on the ground may evolve between now and
the end of temporary protection, if the time foreseen is not sufficient to ensure a
gradual and sustainable reintegration in Ukraine, Member State should coordinate
among themselves and with the Ukrainian authorities to set out a different or extended
period for voluntary departure under the voluntary return programmes.
(10) To reduce administrative burdens related to possible individual case-by-case issuance
of residence permits to those enrolled in voluntary return programmes, Member States
EN 13 EN
should use the possibility provided for under Article 21(3) of Directive 2001/55/EC to
allow persons who enjoyed temporary protection and benefit from a voluntary return
programme to extend the rights attached to temporary protection laid down in Chapter
III of Directive 2001/55/EC to those persons who have enjoyed temporary protection
beyond the duration of temporary protection until the return date to Ukraine or the end
of the period for voluntary departures under the voluntary return programme. In
addition, to ensure continuity and avoid situations in which the persons will be
illegally staying immediately after the end of temporary protection, Member States
should ensure that persons who benefitted from temporary protection can legally
reside in the territory of the Member State in the period between the end of temporary
protection and the timeframe in which persons can enrol in the voluntary return
programme.
(11) It is possible that right at the end of temporary protection, Ukraine would not be in a
position to cater for the needs of persons with some specific vulnerabilities also
beyond health. To ensure a sustainable return home that takes account of the capacity
of Ukraine to cater for the needs of specific groups, Member States should also apply
Article 23(1) of Directive 2001/55/EC to persons subject to vulnerabilities other than
those related to health conditions and take the necessary measures concerning
conditions for continuing their legal residence. Where relevant, Member States should
ensure that the conditions of residence take into account the special needs of the
persons concerned.
(12) Member States should use the possibilities provided for under Article 23(2) of
Directive 2001/55/EC to allow persons to reside on their territory beyond the duration
of temporary protection, namely for families whose children are minors and attend
school in a Member State.
(13) To guarantee proper information provision and help persons enjoying temporary
protection to make informed choices in full knowledge of the facts, it is important to
maximise the use of the existing tools and channels and to avoid a duplication of
efforts. For this purpose, where Unity Hubs are set up in Member States, they should
be used to provide information on transition to other legal statuses, exploratory visits
and voluntary return programmes. In order to support the Unity Hubs, Member States
may use the funds under Asylum, Migration and Integration Fund established under
Regulation (EU) 2021/1147 of the European Parliament and of the Council16
,
including the additional allocations stemming from the Multi-annual Financial
Framework mid-term revision and the mid-term review of the Member States’
programmes under the Asylum, Migration and Integration Fund. Support from internal
organisations and third countries could be also received for this purpose. In order to
streamline the efforts, Member States should incorporate the knowledge, capacities
and networks offered by international organisations into their individual plans to set up
the Unity Hubs.
(14) To ensure a coordinated approach among Member States and with the Ukrainian
authorities regarding the implementation of this Recommendation, Member States
should coordinate, exchange information and monitor the situation on the ground in
16
Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing
the Asylum, Migration and Integration Fund (OJ L 251, 15.7.2021, p. 1, ELI:
http://data.europa.eu/eli/reg/2021/1147/oj).
EN 14 EN
various relevant fora, including in the Solidarity Platform to which the Ukrainian
authorities will be invited, as needed.
(15) As the transition out of temporary protection will lead to significant changes in the
status of displaced persons, it is essential to have an accurate picture of the evolving
situation. Member States should therefore regularly and timely update their temporary
protection data in the Temporary Protection Registration Platform, including figures
regarding inactive registrations.
(16) [In accordance with Article 3 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 …,] its wish to take part in the adoption and
application of this Recommendation.]
OR
[In accordance with Articles 1, 2 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, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in
the adoption of this [act] and is not bound by it or subject to its application.]
(17) 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
Recommendation and is not subject to its application,
HEREBY RECOMMENDS:
Measures to promote the transition into other legal statuses already before the end of
temporary protection
1. Member States should promote and facilitate the access to national legal statuses for
persons enjoying temporary protection who are engaged in employment, self-
employment, professional training or education and research in a Member State or
who would qualify for national legal statuses due to family or other reasons, and who
would meet the conditions set out in national law.
2. Member States should allow persons enjoying temporary protection, particularly
where access to national legal statuses is not possible, and who would otherwise
qualify for another status based on EU law, to apply for authorisations regulated
under the Directives (EU) 2016/801, (EU) 2021/1883 and (EU) 2024/1233, provided
that they would not concurrently hold this status with an authorisation granted under
those Directives. Member States should inform persons enjoying temporary
protection, as soon as possible and at the latest at the time of the application for an
authorisation, of the difference between the rights conferred under the temporary
protection status and under those Directives. They should also inform them, as soon
as possible and at the latest at the time of the application, that they cannot
concurrently benefit from temporary protection and be granted an authorisation
under these Directives.
Measures to pave the way for a smooth and sustainable reintegration in Ukraine
3. Member States should allow for exploratory visits on a self-funded basis to Ukraine
in accordance with Article 21(1) of Directive 2001/55/EC. In this context, Member
States should:
EN 15 EN
(a) set up and coordinate with the other Member States the parameters or
conditions for exploratory visits.
(b) inform persons who may want to carry out such visits about the parameters or
conditions. Contact points should be set up for that purpose.
(c) consider, in cases where the persons concerned will not be able to organise and
fund the exploratory visit by themselves, organising and supporting such
exploratory visits.
4. Establish a voluntary return programmes in accordance with Article 21(1) of Council
Directive 2001/55/EC to be used once temporary protection has ended. In this
context, Member States should:
(a) ensure coordination with the Ukrainian authorities to facilitate reintegration in
the communities in Ukraine, such as the identification of accommodation or
housing, or access to basic services and infrastructures, including medical care.
(b) ensure that support under voluntary return programmes prioritises support for
reintegration into communities in Ukraine, instead of individual packages.
(c) set up the eligibility conditions for benefitting from the voluntary return
programme.
(d) require those persons who want to benefit from the voluntary return
programme to enrol in such a programme to be able to benefit from it.
(e) set up a concrete period of possibly up to one year after temporary protection
has ended for voluntary departure under the programme. Coordinate with the
other Member States and Ukrainian authorities, and in accordance with point 8,
where, in view of the developments on the ground, a different or extended
period for voluntary departure would be needed under the programme, if the
time foreseen is not sufficient to ensure the gradual and sustainable
reintegration of persons in Ukraine;
(f) use the possibility under Article 21(3) of Directive 2001/55/EC to extend the
rights attached to temporary protection laid down in Chapter III of Directive
2001/555 to those persons who have enjoyed temporary protection and are
benefitting from a voluntary return programme until the date of return to
Ukraine or until the end of the period for voluntary departure under the
programme. Ensure the continuation of legal residence between the date when
temporary protection ends and the period in which the person can enrol in that
programme;
(g) consider the possibility of assisting with the organisation of departures,
particularly where large groups of displaced persons return to the same area in
Ukraine.
5. With due respect for human dignity, Member States should take the necessary
measures concerning the conditions of residence of persons not meeting the
requirements to access other statuses and having vulnerabilities other than those
covered under Article 23(1) of Directive 2001/55/EC until it is possible for Ukraine
to provide for the special needs of such persons. Where relevant, Member States
should ensure that the conditions of residence take into account their special needs.
6. Member States should, in accordance with Article 23(2) of Directive 2001/55/EC,
allow families whose children are minors and attend school in a Member State to
EN 16 EN
benefit from residence conditions allowing the children concerned to complete the
current school period where the date of the end of temporary protection established
by the Council Decision taken in accordance with Article 6 of Council Directive
2001/55/EC is not aligned with the end of the school year.
Measures to ensure information provision to displaced persons
7. Member States should ensure that displaced persons are properly informed regarding
the possibilities to transition to other legal statuses, including the advantages and
rights when transitioning to these statuses, as well as about the situation in Ukraine,
the requirements for exploratory visits and the support for going back home available
in the Union and in Ukraine. In this regard, Member States should:
(a) set up swift national communication systems and procedures, such as contact
points, or an information campaign;
(b) for those Member States intending to set up a Unity Hub on their territory in
collaboration with the Ukrainian authorities, make use of these Unity Hubs to
provide the relevant information to displaced persons. Incorporate the
knowledge, capacities and networks offered by international organisations into
the national plan to set up Unity Hubs.
(c) consider making use of the Asylum, Migration and Integration Fund
programme, including the additional allocations stemming from the Multi-
annual Financial Framework revision and the mid-term review of national
programmes, to support the Unity Hubs.
Measures to ensure coordination, monitoring and exchange of information among
Member States and with the Ukrainian authorities
8. Member States should coordinate and exchange information on relevant
developments as well on the implementation of this Recommendation among
Member States and with the Ukrainian authorities, including within the framework of
the Solidarity Platform to which the Ukrainian authorities will be invited, as needed.
9. Member States should monitor the developments and update timely and regularly the
relevant information regarding the status of displaced persons in the relevant
databases, including in the Temporary Protection Registration Platform, in particular
regarding the number of beneficiaries of temporary protection or of adequate
protection under national law in the Member State territory, number of persons who
transitioned to other statuses and no longer benefit from temporary protection or
adequate protection under national law, and number of persons, whose registrations
are inactive.
Done at Brussels,
For the Council
The President