Since the start of the Russian military invasion of Ukraine on February 24, more than 3 million people have fled the country, while, according to UN estimates, more than half are children. In order to respond to this unprecedented situation, the EU has agreed in record time to activate the Temporary Protection Directive to help those trying to escape the war in Ukraine. The directive entered into force on 4 March and now offers immediate protection and a clear legal status to millions of people.
The Commission is currently presenting operational guidelines to support Member States in implementing the Directive. The integrated guidelines will help people arriving in the EU to have a coherent and effective level of rights and Member States to take on their new responsibilities.
The Vice President for the Promotion of our European Lifestyle, Mr. Margaritis Schoinas, stated: “The unprecedented decision to provide immediate protection to all those who consider Ukraine their home is now being transformed into practice. In order to make this process as smooth as possible, the Commission supports the Member States with operational guidance. For example, to ensure that people can travel freely throughout the Union, we specify that they should be able to obtain 15-day visas at the border and that, in any case, carriers should not be fined for transporting people without documents. “One of the biggest concerns now is the number of unaccompanied children who need to be registered and receive specialist care.”
Home Affairs Commissioner Elva Johnson said: “In just a few days, 3 million people have entered the EU. The show of solidarity has been huge and the response from the authorities has been overwhelming; be able to cope and that individuals will enjoy the protection they deserve. “Based on the questions from the Member States, we propose the following operational guidelines, which we will update regularly to ensure that the Commission supports the Member States at every stage – from arrival to accession.”
Guidelines for Member States:
- The guidelines will be a dynamic document that reflects the situation on the ground and takes due account of the evolving needs of the Member States. The basic elements include:
- Clarification of who is entitled to temporary protection, including, for example, persons who benefited from international protection or equivalent national protection in Ukraine before 24 February and who were displaced from Ukraine on 24 February or later, as well as their family members .
- Definition of “adequate protection” under national law, which is a possible alternative to the temporary protection that may be provided by the Member States and which does not have to be the same as temporary protection, but respects the Charter of Fundamental Rights European Union Rights and the spirit of the Temporary Protection Directive. Respect for human dignity and, consequently, a decent standard of living must be ensured for all.
- Determining the type of evidence required to provide temporary protection or adequate protection under national law.
- Encourage Member States to consider extending temporary protection to persons who do not formally fall within the scope of the decision but need protection, such as those who left Ukraine shortly before 24 February 2022.
Children
The guidelines include a special chapter for children. A legal guardian or appropriate representation for unaccompanied children and adolescents should be appointed immediately. In addition, the Commission is coordinating relocation efforts to relocate unaccompanied children and adolescents to other Member States. All children trying to escape the war, regardless of their status, should have full protection and prompt access to their special rights (including education, health care, psychosocial assistance).
Special rights under the Temporary Protection Directive
The residence permit should serve as proof of a person’s status for other authorities, such as offices and employment services, schools, hospitals. While residence permits are still pending, Member States should facilitate the opening of bank accounts and access to the relevant services on the basis of an identity document or proof of entry into the EU after 24 February 2022.
Ensuring free movement both before and after the issuance of residence permits
Ukrainian nationals holding biometric passports or citizenship exempted from the short-stay visa requirement to enter the Union have the right to move freely within the Schengen area after entering the territory of the Union for a period of 90 days within a period of 180 days. With regard to nationalities not exempt from the visa requirement, the Commission recommends that Member States of first entry issue 15-day visas at the border and that other Member States not impose financial penalties on carriers transporting persons enjoying temporary protection but do not have valid entry documents. Once a residence permit has been issued, persons enjoying temporary protection have the right to move freely.
Providing repatriation assistance to those who do not have the right to stay in the EU, for example regarding the need for consular assistance for repatriation, which can be supported by Frontex.
Lena Flytzani
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