Background:

In the Czech Republic, the law explicitly states that if a person already enjoying temporary protection is granted a residence permit for temporary protection under Article 8(1) of Directive 2001/55/EC in another EU Member State, their residence permit granted by the Czech Republic for the same reason is revoked. The query aimed to gather information on how other EMN Member States address this specific situation.

Respondents:

25 EMN Member and Observer Countries (including BE) provided public answers to this query. 

Findings:

• A significant majority of responding EMN Member Countries, including BE, possess legal frameworks that enable the revocation or termination of temporary protection (TP) if the beneficiary is granted TP in another Member State. In contrast, some EMN Member Countries reported that their legal framework does not explicitly allow for revocation on the specific grounds of being granted TP in another Member State. These include BG, CY, LT, NL, ES, SE. 

• Many countries without explicit revocation provisions, do allow for temporary protection to be revoked in practice, or do not authorise extension of temporary protection permits in this situation. For example, NL adheres to the principle that temporary protection is to be enjoyed in only one state, meaning that protection ends in the Member State where the person no longer resides, and the residence permit should be withdrawn. SE handles such situations by registering individuals as having left the country if there are indications of their departure, following attempts to contact them. Expired temporary protection permits are not extended.   

• The EU Platform (Temporary Protection Registration Platform) is mentioned as a tool for tracking departures and verifying if TP has been granted in another EU Member State, particularly by AT, FI, DE, LU. ES expressed concerns regarding the reliability of the EU Platform's data and indicated that termination of TP only occurs through voluntary renunciation or revocation due to a criminal record. 

For further details, please consult the compilation of answers attached above.