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STATE OFFICIAL NEWSLETTER

No. 51 Tuesday February 27, 2024 Sec. III. Page 23164

III. OTHER PROVISIONS

MINISTRY OF INTERIOR

3767 Order INT/169/2024, of February 26, which extends the validity of foreign
identity cards issued to people affected by the conflict in Ukraine who are
beneficiaries of temporary protection.

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for the granting
of temporary protection in the event of a mass influx of displaced persons and on
measures to promote an equitable effort between Member States to accommodate to
these people and assume the consequences of their reception, establishes the minimum
obligations and principles so that, upon the arrival to the European Union of a significant
number of displaced people, coming from a country or a specific geographical area,
which is not part of the Union, and who cannot return to their country of origin,
temporary protection is granted and such persons are received on an equitable basis
between States.
On 4 March 2022, the Council adopted Implementing Decision (EU) 2022/382,
establishing the existence of a massive influx of displaced persons from Ukraine within
the meaning of Article 5 of Directive 2001/55 /EC of the Council, of July 20, 2001, and with
the effect of initiating temporary protection. In accordance with the Directive, the
temporary protection was applied for an initial period of one year, until 4 March 2023,
and was subsequently automatically extended for a further year, until 4 March 2024.

Taking into account that the reasons that gave rise to its granting persist, the
temporary protection has been extended until March 4, 2025, by Council Implementing
Decision (EU) 2023/2409, of October 19, 2023, by which extends the temporary protection
introduced by Implementing Decision (EU) 2022/382.

In Spain, Directive 2001/55/EC was transposed by Royal Decree 1325/2003, of

October 24, which approves the Regulation on the temporary protection regime in the
event of a massive influx of displaced people. In 2022, complementing Council
Implementing Decision (EU) 2022/382, of March 4, 2022, Order PCM/169/2022, of March
9, was approved, which develops the procedure for the recognition of temporary
protection for people affected by the conflict in Ukraine, and Order PCM/170/2022, of
March 9, which publishes the Agreement of the Council of Ministers of March 8, 2022,
which extends protection temporary granted under Council Implementing Decision (EU)
2022/382, of March 4, 2022, to people affected by the conflict in Ukraine who can find
refuge in Spain. This extension was carried out within the margins permitted by Article 2
of Council Implementing Decision (EU) 2022/382, of March 4, 2022, so the temporary
protection of the people benefiting from the extension must considered also extended by
Council Implementing Decision (EU) 2023/2409, of October 19, 2023, the effects of which
extend to all persons referred to in the aforementioned article 2.

Based on the above, in Spain temporary protection has been granted to almost
Verifiable at https://www.boe.es

200,000 people, who have been documented using Foreigner Identity Cards that respond
to the uniform residence permit model for third-country nationals established by
Regulation (EC) 1030. /2002 of the Council, of June 13, 2002, establishing a uniform model
cve: BOE-A-2024-3767

of residence permit for third-country nationals, and its subsequent amendments. Until
the adoption of Council Implementing Decision (EU) 2023/2409, of October 19, the
expiration date with which these cards were issued was March 4, 2024.
 STATE OFFICIAL NEWSLETTER
No. 51 Tuesday February 27, 2024 Sec. III. Page 23165

The Council's implementing decisions are directly applicable in the Member States, so
it is not necessary to resort to individualized resolutions to extend the temporary
protection of all beneficiaries recognized by Spain. However, it is necessary to solve the
problem posed by the discrepancy between the validity of the majority of the cards
issued and the new validity of the temporary protection granted. This is an issue that not
only has an impact on the national territory, but also on the territory of the other
Member States, through which the holders of said cards are authorized to circulate for a
maximum period of 90 days, within any period. of 180 days, as well as at the external
borders of the entire Schengen area, for the crossing of which the Foreigner Identity
Cards issued by Spain must maintain the consideration of a valid residence permit for the
purposes of the application of the Schengen Borders Code, approved by Regulation (EU)
2016/399 of the European Parliament and of the Council, of 9 March 2016, establishing a
Code of Union rules for the crossing of people across borders, and specifically its article
2.16.

For reasons of effectiveness and efficiency, instead of proceeding to issue new

Foreigner Identity Cards for the vast majority of beneficiaries of temporary protection in
Spain whose card loses validity on March 4, 2024, in application of the Decision of Council
Implementation (EU) 2023/2409, of October 19, directly and automatically extends, until
March 4, 2025, the validity of cards already issued. Therefore, it will not be necessary to
obtain a new Foreigner Identity Card to comply with the obligations set forth in article
210 of the Regulation of Organic Law 4/2000, on the rights and freedoms of foreigners in
Spain and their social integration, after their reform by Organic Law 2/2009, approved by
Royal Decree 557/2011, of April 20.

All this will be communicated, for reasons of legal certainty, to the competent
European Union institutions.
In its virtue, I have:

Unique item.Extension of the validity of Foreigner Identity Cards

issued to people affected by the conflict in Ukraine who are beneficiaries of
temporary protection.

1. The validity of the Identity Cards is extended until March 4, 2025

of Foreigners issued to people affected by the conflict in Ukraine and beneficiaries of
temporary protection in Spain.
2. It will not be necessary to obtain a new Foreigner Identity Card
for the purposes of complying with the obligations set forth in article 210 of the
Regulation of Organic Law 4/2000, of January 11, on the rights and freedoms of
foreigners in Spain and their social integration, after its reform by Organic Law 2/ 2009,
approved by Royal Decree 557/2011, of April 20.
3. What has been agreed in this order will be communicated to the Institutions of the Union
European Union so that said extension is known to the other Member States.

Single final provision.Effects.

This order will take effect from its publication in the "Official State Gazette."
Verifiable at https://www.boe.es

Madrid, February 26, 2024. -The Minister of the Interior, Fernando Grande-Marlaska
Gómez.
cve: BOE-A-2024-3767

https://www.boe.es STATE OFFICIAL NEWSLETTER DL: M-1/1958 - ISSN: 0212-033X