FRA visited the borders of EU Member States with Ukraine and Moldova, namely Poland, Slovakia, Hungary and Romania and observed how the impacted EU countries are addressing fundamental rights aspects of the humanitarian situation with a particular focus on procedures at border crossing points and Registration Centres/Reception Centres/Assistance Points which provide assistance to those fleeing the war. The mission allows FRA to calibrate its advice to EU institutions and Member States. FRA’s work was facilitated by officials (police or border police) who provided access to all areas at border crossing points, such as passport control facilities, first and second line checks, CCTV monitoring rooms, etc. Moreover, national and regional authorities facilitated full access to Reception Points and other coordination centres for humanitarian assistance, as well as closed reception facilities, situated at short distance from border crossing points. FRA collected information through observations and meetings with police and/or border authorities, local authorities, civil society actors active in the areas covered, volunteers, staff of the European Border And Coast Guard Agency and international governmental organisations (UNHCR, UNICEF and IOM), and by speaking with several Ukrainian nationals fleeing war, including Roma, and other non-Ukrainian third country nationals.

Since June 2017, Ukrainian citizens holding biometric passports can travel to the EU (Schengen Zone) without visa for a period of 90 days within any 180-day period for business, tourist or family purposes.

FRA mission to border crossing points in the four EU Member States observed the following:

Poland (Schengen zone): Visa-free entry was allowed for Ukrainian nationals with biometric passport, but in practice anyone fleeing Ukraine was admitted with any form of identification, e.g. driver’s license, after due checks. Within 15 days they could apply for international protection or contact their embassy to be repatriated (note that during the visit, 04.03 – 06.03, temporary protection was not yet available).

Slovakia (Schengen zone): Visa-free entry was allowed with any type of passport - everyone received entry stamp allowing stay in Slovakia for 90 days. Those without any type of identity document were registered, fingerprinted, photographed and also allowed to stay 90 days based on the exception on humanitarian ground (Regulation (EU) 2016/399), Article 6 (5) (c)).

Hungary (Schengen zone): Ukrainian nationals, their spouse or partner, minor child and relatives living in the same household with biometric passport could stay and move freely within the EU for 90 days. Persons without a valid biometric Ukrainian passport or a valid non-Ukrainian passport with Schengen visa (but still with some documents, including children’s birth certificate) were recorded, fingerprinted and photographed and issued with a ‘certificate for temporary stay’ (ideiglenes tartózkodásra jogositó igazolás) valid for 30 days which can be prolonged for another 30 days each time up to 6 months. Persons subject to an EU-wide entry ban, either issued by Hungary or another EU Member State, were also issued the certificate for temporary stay after consultation of the other Member State. Romania: All citizens with any type of passport were allowed to enter without a Schengen visa and to continue their onward journey. Those wishing to remain in Romania had to file an asylum application. This was because at that time (14-03-22) Romania had not yet incorporated in national law the Council Implementing Decision (EU) 2022/382 activating temporary protection – it was adopted on 18-03-22. In all EU countries visited we observed border checks conducted efficiently with minimal delay. Procedures were fast tracked to facilitate entry of vulnerable people, including children and infants, older people and persons with disabilities who were visibly tired and traumatised. Several border crossing points started processing pedestrians creating separate lanes for them. Border authorities in Hungary and Romania, informed border crossing points in airports and elsewhere to facilitate the onward travel of people fleeing from Ukraine in the EU or to exit the EU without Schengen visa. Several embassies were present at border crossing points visited by FRA assisting with repatriation by issuing laissez-passer documents and arranging transportation. FRA noted, in all countries visited, that border guards and customs officials, as well as military staff, did their utmost to help people, including by carrying their luggage to onward transport and providing hot beverages, while working under particularly stressful conditions in 12-hour shifts and beyond. There was limited legal information concerning temporary or international protection schemes provided directly at the border crossing points. In many locations, FRA observed that legal and other information was provided in Ukrainian-Russian-English language by volunteers, churches and charity organisations. Legal assistance was provided by local-regional NGOs and international organisations. Statutory national human rights bodies, international organisations and civil society actors, as well as law faculties and bar associations should be encouraged and specifically resourced, and facilitated, to provide legal advice.

In all EU countries visited, civil protection and local authorities organise and operate Reception Points situated in towns, villages or cities close to borders. Reception Points provide humanitarian aid for immediate needs and allow people to rest usually for one day before continuing their onward journey or are transferred to (larger) municipalities for arrangements concerning longer stay.

FRA did not witness any incidents of racism or discrimination. Roma and third country nationals that we spoke to did not make any complaint, including in regard to their treatment when departing from Ukraine. Three Roma families we spoke with did not report any mistreatment. They did not have passports, only quite old identity cards, and not for the children, but were nevertheless admitted, registered and provided with assistance for onward travel. Nevertheless, as concerns have been raised about potential discrimination and racist or discriminatory incidents cannot be ruled out, we advised authorities to be diligent to prevent this and recommended to civil society actors we met to react and report any such incidents. Coordination between state authorities (national, regional and local) appeared overall to work well, although with few exceptions coordination with the efforts of civil society organisations and the many individual volunteers can be further enhanced to improve efficiency and impact. In some of the visited locations, the provision of humanitarian aid, legal assistance, translations etc. rests heavily on volunteers and local communities as the first responders. This is not sustainable in the long run and durable solutions need to be identified. FRA met with international organisations, e.g. UNHCR, UNICEF and IOM, who informed us about the focus of their presence and work in the field. FRA observed Blue Dot tents deployed by UNICEF in two BCPs in Romania. FRA observed many children and infants among those fleeing from Ukraine. This requires particular protection measures to be put in place in regard to appropriate housing, as well as work opportunities combined with child care provisions, and access to health care. We were informed by local authorities of positive initiatives to place children in local schools immediately to reduce stress occupying them with various activities and a sense of normality allowing their mothers and relatives caring for them to rest. Such initiatives should be continued and replicated. In the long run language learning initiatives should be developed to allow children to continue their education. The Commission announced that as of 10 March all EU countries, Norway and Turkey, have offered in-kind assistance ranging from medical supplies and shelter items, to specialised equipment, vehicles and fuel. Humanitarian aid is delivered both directly to Ukraine and through logistical hubs, such as those we visited in Poland. FRA was informed by the Municipality of Przemyśl in Poland that such hubs established in the capital should coordinate with hubs in the border region, for example in Przemyśl, which receive directly large amounts of humanitarian aid which they struggle to distribute logistically due to insufficient number of delivery lorries and drivers. The local authority in Przemyśl which receives a disproportionally large number of people fleeing from Ukraine asked for more practical support in the form of containers, foldable beds, etc. in order to accommodate the increased arrivals. Some important practical issues were also noted. For example, at the time of the mission Border Guards and people interviewed claimed that banks in the countries visited did not exchange Ukrainian currency, except for one bank in Romania. FRA recommended that forms of cash assistance should be available as soon as possible; in Poland, we were informed that state vehicle insurance covers for 30 days cars coming from Ukraine and FRA recommends such positive initiatives to be considered also by other Member States.

The risk of human trafficking is particularly high. FRA pointed this out to all border authorities and recommended more relevant information to be provided upon entry to the EU. The many volunteers offering transportation or housing outside reception facilities bear particular risks for women and children. In many cases, FRA observed that drivers offering transportation are checked and registered by municipal or other authorities, but this is not always the case outside the Reception Centres or in train stations and bus terminals despite efforts by the police. We advised border authorities to make additional efforts to inform about the risks of human trafficking also orally during passport controls and warn people as early as possible not to accept rides or accommodation by anyone not authorised using simple and considered language.

There were some cases of arrivals of unaccompanied children reported to FRA by authorities and civil society. This included also children living in institutions in Ukraine (some 100,000 according to UNICEF data). Children accompanied by grandparents or relatives usually had a letter from their parents authorising these persons to care for the child. Border authorities informed FRA that they generally check these cases and speak to the children using interpreters to ensure that the child has actual links to the adult accompanying them. Unaccompanied children are reportedly treated according to national law; as the competent authorities informed us, in Poland they are referred to the court who assigns a temporary guardian; in Hungary they are referred to the Directorate-General for Social Affairs and Child Protection; in Slovakia and Romania they are placed in the care of municipal social services. FRA recommended to the authorities that all children arriving unaccompanied should be immediately placed into protective care to avoid any risk of trafficking. Moreover, FRA advised that individual risk and best interests assessments should be carried out as soon as feasible for all unaccompanied children.