Answer given by Ms Johansson on behalf of the European Commission
3.8.2022
1. The protection of all those who are stateless or at risk of statelessness is a concern to the Commission. The relevant Council Decision of 4 March 2022[1], introducing temporary protection under the Temporary Protection Directive[2], includes certain groups of stateless persons among the categories of persons entitled to temporary protection or to other adequate protection under national law. Member States may extend protection to all other stateless persons. Member States had to transpose the minimum standards and rights of the Temporary Protection Directive into their national law by 31 December 2002[3] or at the occasion of the accession to the EU. These provisions were activated by the Council Decision of 4 March 2022. The Commission has called on Member States, via various means (Operational guidelines, dedicated agenda points, missions, etc.) and fora (Solidarity Platform, Blueprint, Council Working Parties, etc.), to adequately apply these to all persons covered by the directive, including stateless persons who particularly face specific challenges in terms of documentary evidence and status determination.
2. The Commission’s operational guidelines for the implementation of the Council Decision[4], which already contains chapters on documentary evidence and status determination , will be updated to reflect the situation on the ground and take due account of the evolving needs.
3. The Commission regularly updates and adjusts the information collected via the EU Migration Preparedness and Crisis Blueprint according to developments and availability of data. Furthermore, statelessness has been a dedicated agenda point for the Solidarity Platform, created to implement temporary protection.
- [1] Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection, OJ L 71, 4.3.2022, p. 1‐6.
- [2] Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, OJ L 212, 7.8.2001, p. 12‐23.
- [3] Article 32 of Directive 2001/55/EC.
- [4] Communication from the Commission on Operational guidelines for the implementation of Council implementing Decision 2022/382 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection 2022/C 126 I/01, OJ C 126I , 21.3.2022, p. 1‐16.