2.2.3. Developments in Ukraine
After months of military build-up of Russian forces near Ukraine, in February 2022 Russia recognised the breakaway regions of Donetsk and Luhansk as independent and on 24 February, Russian forces invaded Ukraine.
Within weeks, millions of displaced persons arrived in the EU through Hungary, Poland, Romania and Slovakia, which showed a remarkably quick response, opening their borders and allowing people to enter.
To facilitate access to safety for people feeling Ukraine through the EU-Ukrainian borders, on 2 March 2022, the Council of the European Union issued a set of operational guidelines. The guidelines provided a comprehensive overview of facilitation measures concerning border controls which are available under the Schengen rules and included:
- A simplification of border controls for certain categories of persons, including vulnerable persons, such as children, and other categories, such as transport workers who were in Ukraine while carrying out their services;
- The possibility to organise border controls outside of border crossing points;
- Special arrangements for crossing the borders by rescue services, police, fire brigades, border guards and seafarers regardless of their nationality;
- The establishment of emergency support lanes in order to ensure access;
- The return of organisations providing humanitarian aid to people in Ukraine; and
- Outside the scope of the Schengen rules, the waiving of customs duties and measures to facilitate the entry of pet animals travelling with their owners from Ukraine.
European Commission. (2022, March 2). Communication from the Commission: Providing operational guidelines for external border management to facilitate border crossings at the EU-Ukraine borders [C(2022) 1404 final]. https://data.consilium.europa.eu/doc/document/ST-6754-2022-INIT/en/pdf
As part of the orchestrated effort to provide a comprehensive and uniform response to the protection needs of persons fleeing Ukraine, the European Commission put forth a proposal for a Council Implementing Decision
Reflecting the EU’s commitment to show full solidarity with Ukraine, on 4 March 2022, the Justice and Home Affairs (JHA) Council acted on the European Commission’s proposal and adopted unanimously an implementing decision to introduce a temporary protection mechanism in response to the influx of displaced people.
- Ukrainian nationals residing in Ukraine before 24 February 2022;
- Stateless persons and nationals of third countries other than Ukraine who have received international protection or an equivalent national protection in Ukraine before 24 February 2022; and
- Family members of persons included in the first two categories.
According to the decision, “Member States should apply either this decision or adequate protection under their national law, in respect of stateless persons, and nationals of third countries other than Ukraine, who can prove that they were legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return in safe and durable conditions to their country or region of origin”.
The decision further indicated that “Member States might also apply this decision to other persons, including to stateless persons and to nationals of third countries other than Ukraine, who were residing legally in Ukraine and who are unable to return in safe and durable conditions to their country or region of origin”.
Under the Temporary Protection Directive, the duration of temporary protection is for an initial period of 1 year, with the possibility to be extended automatically by 6-month periods for a maximum of 1 year, if not terminated by a Council decision. It was also noted that Member States agreed that they would not apply Article 11 of the Temporary Protection Directive, which obliges Member States to take back persons having received protection on their territory, if these persons remain on or seek to enter without authorisation onto the territory of another Member State.
The implementing decision also provided for the development of a Solidarity Platform, under the coordination of the European Commission, whereby Member States exchange information on their reception capacities and the number of persons receiving temporary protection in their territories. Several EU+ countries made pledges to transfer displaced persons from Moldova in the context of the platform. The first states to conduct transfers of displaced persons from Moldova were Austria, Germany, Lithuania and Latvia. The EU Migration Preparedness and Crisis Management Network
Following the implementing decision, the European Commission issued operational guidelines to support Member States in applying the Temporary Protection Directive.
Based on data shared by EU+ countries with the EUAA and the European Commission, about 2.3 million persons fleeing Ukraine have been registered for temporary protection since the beginning of the war to 24 April 2022.
UNHCR welcomed the Council’s implementing decision and the overall orchestrated effort by European countries and EU institutions and expressed its readiness to support governments and other stakeholders in providing protection and humanitarian assistance to those in need.
Following the invasion in Ukraine, the UN launched a Humanitarian Flash Appeal to call for immediate funding to help people inside Ukraine – including those internally displaced – as well as those seeking shelter beyond its borders.