1) They had been granted refugee status or a similar status in Ukraine before the war; 2) They are family members of Ukrainian nationals or family members of persons who had been granted international protection in Ukraine before the war; or 3) They were legally residing in Ukraine before the war and had a permanent residence permit and cannot return to their country of origin. Under current EU guidelines, EU Member States may extend Temporary Protection to other stateless persons displaced from Ukraine if they wish, but this is optional.46 UNHCR has recommended that European States take an inclusive approach and grant temporary protection to stateless people, including those who did not have permanent residence status in Ukraine.47 45. Romania is implementing the EU Temporary Protection Directive and Council Decision,48 and stateless people are eligible to apply for Temporary Protection in Romania if they meet the TPD criteria set out in para. 44.49 However, Romania has not extended Temporary Protection to stateless persons who had temporary residence or undocumented status in Ukraine. Many stateless people are thus excluded from Temporary Protection in Romania, including stateless people and people of ‘undetermined’ nationality who were present in Ukraine before the war without having acquired refugee status or other international protection or permanent residence and who are not family members of relevant persons. 46. Stateless people from Ukraine who are ineligible for Temporary Protection may be eligible to apply for international protection in Romania, under normal procedures for claiming asylum or subsidiary protection. They will be assisted during the duration of the asylum process in the same way as other people seeking asylum. Stateless people from Ukraine who are ineligible for Temporary Protection may also be able to access shortterm humanitarian assistance for people fleeing Ukraine, including e.g. temporary accommodation in camps, food, clothing, personal hygiene items, healthcare, and inclusion in national public health programmes (including for COVID-19). This assistance is provided for up to 60 days.50 47. Because Romania does not have a statelessness determination procedure, stateless persons fleeing Ukraine will generally not have a possibility to be recognised as stateless in Romania, unless this occurs through one of the other procedures mentioned. 46 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 effect of introducing temporary protection, paras 11-14. 47 UNHCR, News Comment: UNHCR welcomes EU decision to offer Temporary Protection to Refugees fleeing Ukraine (March 2022). 48 European Commission, ‘Romania: New act grants temporary protection to those fleeing Ukraine’ (18 March 2022): https://ec.europa.eu/migrant-integration/library-document/romania-new-act-grants-temporary-protection-those-fleeingukraine_en 49 See also: https://igi.mai.gov.ro/wp-content/uploads/2022/05/Text-protectie-temporara-EN-pdf.pdf and https://ecre.org/wpcontent/uploads/2022/06/ECRE-Update-30-May-2022-Implementation-of-the-TPD.pdf. 50 ENS, Country briefing on Romania, Information for stateless people and those at risk of statelessness fleeing Ukraine, May 2022, available at: https://www.statelessness.eu/statelessness-ukraine-crisis. 12