(1)

On 4 March 2022, the Council adopted Implementing Decision (EU) 2022/382 (2) establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC with the effect of introducing temporary protection.

(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) 2023/2409 (3) extending the temporary protection as introduced by Implementing Decision (EU) 2022/382 until 4 March 2025. On 11 June 2024, the Council adopted Implementing Decision (EU) 2024/1836 (4) extending that temporary protection until 4 March 2026.

(4)

Given that a person can benefit from the rights attached to temporary protection in only one Member State at a time, to ensure that this principle is respected, and to avoid multiple registrations for temporary protection, Member States should reject residence permit requests made on the basis of Article 8(1) of Directive 2001/55/EC when it is apparent that the person concerned has already obtained a residence permit on that basis in another Member State. This would be coherent with the judgment of the Court of Justice of 27 February 2025 in Case C-753/23 (5) and in particular paragraph 30 thereof.

(5)

In the context of the activation of temporary protection under Directive 2001/55/EC, in a statement made on 4 March 2022, Member States agreed unanimously not to apply Article 11 of that Directive in relation to persons who enjoy temporary protection in a given Member State in accordance with Implementing Decision (EU) 2022/382 and who move to another Member State without authorisation, unless Member States agree otherwise on a bilateral basis.

(6)

In that overall context, nothing should be construed as implying an obligation for a Member State to issue a residence permit for temporary protection to a person who received a residence permit for temporary protection in another Member State.

(7)

To ensure an up-to-date situational picture for operational purposes, coherent administration and oversight of the issuance of residence permits, Member States should regularly upload accurate and timely data to the Temporary Protection Registration Platform, including data on inactive registrations.

(8)

Currently, there are almost 4,3 million displaced persons from Ukraine who benefit from temporary protection in the Union. The overall number of registrations of persons enjoying temporary protection has remained stable at around 4,3 million, with a constant slight upward trend and with few persons reporting going back home to Ukraine on a permanent basis. The situation in Ukraine does not allow for the majority of displaced people to return to Ukraine in safe and durable conditions. The International Organization for Migration estimates that, as of April 2025, 3 757 000 people are internally displaced within Ukraine, of which 66 % had been displaced for over two years, and 79 % had been displaced for over a year. The share of internally displaced persons who had been displaced for more than two years was highest among internally displaced persons who resided in the West of the country (78 %). The United Nations Office for the Coordination of Humanitarian Affairs estimated that over 12,7 million people in Ukraine are in need of urgent humanitarian assistance in 2025.

(9)

Moreover, further arrivals on a large scale cannot be excluded due to the difficult humanitarian conditions, broader volatility and the uncertainty of the situation in Ukraine as a result of Russia’s war of aggression, 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.

(10)

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 2026, 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 should also help to ensure 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 in the period up to 4 March 2026, if temporary protection were to cease by then, or by persons fleeing the war in Ukraine and arriving in the Union in the period from 5 March 2026 to 4 March 2027.

(11)

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 2027.

(12)

This Decision respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union.

(13)

The Council reconfirms its commitment to providing support to Ukraine and its people as long as it takes and reiterates its support for a comprehensive, just and lasting peace, based on the principles of the UN Charter and international law and in the event of a sustainable ceasefire, the Council stands ready to act in accordance with Article 6(1)(b) of Directive 2001/55/EC.

(14)

Ireland is bound by Directive 2001/55/EC and is therefore taking part in the adoption and application of this Implementing Decision.

(15)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on 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,