Common European Asylum System in a Changing World

Temporary ProtectionDirective (2001/55) onminimum standards for giving temporary protection is applicable in the event of a mass influx of displaced persons. It also provides for measures promoting a balance of efforts between member states in receiving such persons and bearing the consequences thereof. The measures introduced under this Directive are of an exceptional nature. The Directive itself was adopted in the context of the mass displacement of persons following the conflict in the former Yugoslavia in the early 1990s. The activation of proceedings under this Directive provides immediate and temporary protection for persons from third countries who cannot return to their country of origin. In particular, the mechanism under this Directive also applies where there is a risk that the asylum system will not be able to cope with this influx without adversely affecting its own effective functioning and the interests of displaced persons and other persons seeking protection. The implementation of temporary protection is a collective decision of the Council of Ministers of the EU and, therefore, Member States may not resort to it individually. The temporary protection regime established in the 2001 Directive has never been used.

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