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dossier	COM(2022)91 - Existence of a mass influx of displaced persons from Ukraine and to introduce temporary protection within the meaning of ...
document	COM(2022)91
date	March 4, 2022

Article 1

Subject matter

The existence of a mass influx into the Union of displaced persons who have had to leave Ukraine as a consequence of an armed conflict is hereby established.

Article 2

The persons to whom the temporary protection applies

1. This Decision applies to the following categories of persons displaced from Ukraine on or after 24 February 2022, as a result of the military invasion by Russian armed forces that began on that date:

(a)	Ukrainian nationals residing in Ukraine before 24 February 2022;

(b)	stateless persons, and nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022; and,

(c)	family members of the persons referred to in points (a) and (b).

2. Member States shall 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.

3. In accordance with Article 7 of Directive 2001/55/EC, Member States may 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.

4. For the purposes of paragraph 1, point (c), the following persons shall be considered to be part of a family, in so far as the family was already present and residing in Ukraine before 24 February 2022:

(a)	the spouse of a person referred to in paragraph 1, point (a) or (b), or the unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its national law relating to aliens;

(b)	the minor unmarried children of a person referred to in paragraph 1, point (a) or (b), or of his or her spouse, without distinction as to whether they were born in or out wedlock or adopted;

(c)	other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx of displaced persons, and who were wholly or mainly dependent on a person referred to in paragraph 1, point (a) or (b) at the time.

Article 3

Cooperation and monitoring

1. For the purposes of Article 27 of Directive 2001/55/EC, Member States shall use the EU Migration Preparedness and Crisis Management Network, in accordance with Recommendation (EU) 2020/1366. Member States should also contribute to a Union common situational awareness by sharing relevant information through the integrated political crisis response (IPCR) arrangements.

2. The Commission shall coordinate the cooperation and the exchange of information among Member States, in particular in relation to monitoring the reception capacities in each Member State and identifying any need for additional support.

For that purpose, the Commission, in cooperation with Member States, the European Border and Coast Guard Agency (Frontex), the European Union Asylum Agency (EUAA) and the European Union Agency for Law Enforcement Cooperation (Europol) shall keep the situation under constant monitoring and review, while making use of the EU Migration Preparedness and Crisis Management Network.

In addition, Frontex, the EUAA and Europol shall provide operational support to Member States requesting their assistance in coping with the situation, including for the purposes of applying this Decision.

Article 4

Entry into force

This Decision shall enter into force on the same day of its publication in the Official Journal of the European Union.