# EUR-Lex - 51999AP0188 - EN

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# 51999AP0188

**Legislative resolution embodying Parliament's opinion on the amended proposal for a European Parliament and Council Decision adopting a programme of Community action (the DAPHNE Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women (COM(99) 0082 C4-0099/99 98/0192(COD))(Codecision procedure: first reading) **

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Official Journal C 219 , 30/07/1999 P. 0497 *

A4-0188/99

Amended proposal for a European Parliament and Council Decision adopting a programme of Community action (the DAPHNE Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women (COM(99)0082 - C4-0099/99 - 98/0192(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Amended proposal for a European Parliament and Council Decision adopting a programme of Community action (the DAPHNE Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women

>Text following EP vote>

Amended proposal for a European Parliament and Council Decision adopting a programme of Community action (the DAPHNE Programme) (2000-2004) on measures aimed to prevent

and combat violence against children, young persons and women

(Amendment 2)

Recital 1

>Original text>

(1) Whereas all acts of physical, sexual and psychological violence against children, young persons and women constitute a serious threat to the physical and mental health of the victims of such violence and can be considered a major health scourge;

>Text following EP vote>

(1)

Whereas all acts of physical, sexual and psychological violence against children, young persons and women constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity, a serious threat to the physical and mental health of the victims of such violence, and can be considered a major health scourge;

(Amendment 3)

Recital 1a (new)

>Original text>

>Text following EP vote>

(1a) Recognising the serious immediate and long-term implications for health and psychological and social development, and for the equal opportunities of those concerned, that violence has for individuals, families and communities and the high social and economic costs to society as a whole;

(Amendment 4)

Recital 1b (new)

>Original text>

>Text following EP vote>

(1b) Having regard to the Convention of 1979 on the Elimination of All Forms of Discrimination against Women, the United Nations Convention of 1989 on the Rights of the Child, the Vienna Declaration of 1993 on the elimination of violence against women, the Declaration and Platform of Action adopted at the IVth Conference on Women held in Beijing in 1995 and the Stockholm Declaration of 1996, as well as the Plan of Action against the Sex Trade and the Exploitation of Minors;

(Amendment 5)

Recital 2

>Original text>

(2) Whereas the European Parliament, in its resolutions of 19 September 1996 on minors who are victims of violence, of 12 December 1996 on measures to protect minors in the European Union, of 16 September 1997 on the need to establish a European Union-wide campaign for zero tolerance of violence against women and of 16 December 1997 on trafficking in women for the purpose of sexual exploitation has called on the Commission to draw up and implement action programmes to combat such violence;

>Text following EP vote>

(2)

Whereas the European Parliament, in its resolutions of 18 January 1996 on trafficking in human beings(1),19 September 1996 on minors who are victims of violence, of 12 December 1996 on measures to protect minors in the European Union, of 16 September 1997 on the need to establish a European Union-wide campaign for zero tolerance of violence against women and of 16 December 1997 on trafficking in women for the purpose of sexual exploitation has called on the Commission to draw up and implement action programmes to combat such violence;

_____________

(1) OJ C 32, 5.2.1996, p. 88.

(Amendment 6)

Recital 2a (new)

>Original text>

>Text following EP vote>

(2a) Whereas according to the World Health Organisation's definition health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity; whereas, in accordance with point (O) of Article 3 of the Treaty, Community action must include a contribution to the attainment of a high level of health protection;

(Amendment 7)

Recital 3a (new)

>Original text>

>Text following EP vote>

(3a) Whereas in adopting the STOP programme(1), the Council has established an important instrument for action in the area of information and training in combating the trade in human beings and sexual exploitation of children;

________________

(1) Joint Action 96/700/JI (OJ L 322, 12.12.1996, p.7).

(Amendment 8)

Recital 4

>Original text>

(4) Whereas, by providing support for acquiring better knowledge and understanding of, and wider dissemination of information about violence against women, young persons and children and by developing actions complementary to existing Community programmes and actions, while avoiding unnecessary duplication, the programme will contribute to ensuring a high level of human health protection;

>Text following EP vote>

(4)

Whereas, by providing support for acquiring better knowledge and understanding of, and wider dissemination of information about violence against women, young persons and children and by developing actions complementary to existing Community programmes and actions, while avoiding unnecessary duplication, the programme will contribute greatly to curbing exploitation and ensuring a high level of human health protection, taking into account its physical, mental and social aspects and a high quality of life;

(Amendment 9)

Recital 6

>Original text>

(6) Whereas the Community can provide added value to the actions of Member States concerning the prevention of violence against women, young persons and children through the dissemination of information and experiences, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all involved;

>Text following EP vote>

(6)

Whereas the Community provides added value to the actions of Member States concerning the prevention of and protection against violence, abuse and sexual exploitation perpetrated against women, young persons and children through the dissemination and the exchange of information and experiences, promoting an innovative approach, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all involved;

(Amendment 10)

Recital 7

>Original text>

(7) Whereas this programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience concerning actions undertaken in the Member States,

>Text following EP vote>

(7)

Whereas this programme brings added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience concerning actions undertaken in the Member States, including an exchange of information relating to the various laws and the results achieved;

(Amendment 11)

Recital 8

>Original text>

(8) Whereas, therefore, in accordance with the principles of subsidiarity and proportionality as set out in Article 3b of the Treaty, the objectives of the proposed measure can be better achieved by the Community; whereas this Decision confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose;

>Text following EP vote>

(8)

Whereas, therefore, in accordance with the principles of subsidiarity and proportionality as set out in Article 3b of the Treaty, the objectives of the proposed measure are better achieved by the Community; whereas this Decision confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose;

(Amendment 12)

Recital 9

>Original text>

(9) Whereas active partnership between the Commission, the Member States and non-governmental organisations (NGOs) and in particular women's and children's organisations needs to be promoted in this area and synergy between all the relevant policies and measures encouraged, by promoting cooperation between NGOs and regional and local authorities;

>Text following EP vote>

(9)

Whereas active partnership between the Commission, the Member States and non-governmental organisations (NGOs) and in particular organisations concerned with women's and children's welfare and quality of life needs to be promoted and synergy between all the relevant policies and measures encouraged, by promoting cooperation between NGOs and regional and local authorities;

(Amendment 13)

Recital 10

>Original text>

(10) Whereas, in order to achieve the objectives of the programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater added value and show the way towards trying out and disseminating innovative ideas to prevent violence;

>Text following EP vote>

(10)

Whereas, in order to achieve the objectives of the programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater added value and show the way towards trying out and disseminating innovative ideas to prevent and combat violence, within a multidisciplinary approach;

(Amendment 14)

Recital 11

>Original text>

(11) Whereas cooperation with the international organisations active in relevant fields including the field of public health and with third countries should be fostered, as well as with all those likely to be involved in preventing all forms of violence;

>Text following EP vote>

(11)

Whereas cooperation with the international organisations active in relevant fields including the field of public health, education and development and with third countries should be fostered, as well as with all those likely to be involved in preventing and protecting against all forms of violence;

(Amendment 15)

Recital 12

>Original text>

(12) Whereas provision should be made for opening up this programme to participation by the applicant countries in the pre-accession phase, in conformity with the conditions established in the relevant agreements, particularly the association agreements and the additional protocols to those agreements;

>Text following EP vote>

(12)

Whereas provision should be made for opening up this programme to participation by the applicant countries in the pre-accession phase, in conformity with the conditions established in the relevant agreements, particularly the association agreements and the additional protocols to those agreements; whereas it is essential to ensure respect for human rights, in the context of these agreements;

(Amendment 16)

Article 1(1)

>Original text>

1. A programme of Community action on measures aimed to prevent violence against children, young persons and women, hereinafter referred to as 'the programme', is hereby adopted for the period 1 January 2000 to 31 December 2004.

>Text following EP vote>

1.

A programme of Community action on measures aimed to prevent and combat violence, sexual abuse and sexual exploitation perpetrated against children, young persons and women, hereinafter referred to as 'the programme', is hereby adopted for the period 1 January 2000 to 31 December 2004.

(Amendment 17)

Article 1(2)

>Original text>

2. The aim of the programme is to contribute towards ensuring a high level of physical and mental health protection in relation to children, young persons and women who are victims or potential victims of violence. It further aims to increase knowledge and expertise at Community level in methods and techniques designed to prevent and mitigate the effects of violence against children, young persons and women.

>Text following EP vote>

2.

The aim of the programme is to contribute towards ensuring a high level of protection of physical, mental and social well-being and of support in relation to children, young persons and women who are victims or potential victims of violence. It further aims to increase knowledge and expertise at Community level - including knowledge of the legislative instruments applied in Member States - in methods and techniques designed to anticipate and prevent the effects of violence against children, young persons and women. It further aims to assist and encourage NGOs and voluntary organisations active in this field.

(Amendment 18)

Article 2(2)

>Original text>

2. The Commission shall cooperate with institutions and organisations active in the field of prevention of and protection against violence against children, young persons and women, in particular NGOs and voluntary organisations.

>Text following EP vote>

2.

The Commission shall cooperate with institutions and organisations active in the field of prevention of and protection against violence against children, young persons and women, and of the rehabilitation of victims, in particular NGOs and voluntary organisations. It shall promote cooperation between such NGOs and national, regional and local authorities.

(Amendment 19)

Article 2(2a) (new)

>Original text>

>Text following EP vote>

2a The Commission shall ensure a balanced approach, in respect of the two target groups, namely women and children, with regard to the implementation of the programme.

(Amendment 20)

Article 2(2b) (new)

>Original text>

>Text following EP vote>

2b. The Commission shall coordinate cooperation with the applicant countries within the framework of the Phare and Tacis programmes.

(Amendment 21)

Article 4

>Original text>

The Commission shall ensure that there is consistency and complementarity between the Community actions to be implemented under the programme and those implemented under other relevant Community programmes and measures, in particular the programmes in the field of public health including that on injury prevention.

>Text following EP vote>

The Commission shall ensure that there is consistency and complementarity between the Community actions to be implemented under the programme and those implemented under other relevant Community programmes and measures.

(Amendment 22)

Article 5(1), 1st and 2nd subparagraphs

>Original text>

1. For the purpose of the application of this Decision, the Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

1.

For the purpose of the application of this Decision, the Commission shall be assisted by a committee of an advisory nature composed of one representative per Member State and chaired by the representative of the Commission.

>Original text>

The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Text following EP vote>

The representative of the Commission shall submit to the Committee a draft of the measures

of general scope to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

(Amendment 23)

Article 5(1a) (new)

>Original text>

>Text following EP vote>

1a. The European Parliament shall have observer status in the Committee.

(Amendment 24)

Article 5(1b) (new)

>Original text>

>Text following EP vote>

1b. The Committee shall be assisted by a forum of NGOs, which will provide advice and information on all aspects relevant to the implementation of the programme, except for the selection and financing of projects.

(Amendment 25)

Article 6(2)

>Original text>

2. The representative of the Commission shall keep the Committee regularly informed about the overall state of progress of the programme.

>Text following EP vote>

2.

The representative of the Commission shall keep the Committee and the European Parliament's representative regularly informed about the overall state of progress of the programme.

(Amendment 26)

Article 7 (1)

>Original text>

1. In the course of implementing the programme, cooperation with third countries and with international organisations competent in the field of public health shall be fostered as well as with all those likely to be involved in preventing all forms of violence.

>Text following EP vote>

1.

In the course of implementing the programme, cooperation with third countries and with international organisations competent in the field of public health, education and development shall be fostered, as well as with all those likely to be involved in preventing and protecting against all forms of violence.

(Amendment 27)

Article 7(2)

>Original text>

2. The programme shall be open to participation by the EFTA/EEA countries in accordance with the conditions fixed in the EEA agreement. The programme shall be open to participation by the associated countries of Central Europe (CEC), in accordance with the conditions laid down in the Association Agreements or Additional Protocols related thereto concerning participation in Community programmes. The programme shall be open to participation by Cyprus on the basis of additional appropriations in accordance with procedures to be agreed with that country.

>Text following EP vote>

2.

The programme shall be open to participation by the EFTA/EEA countries in accordance with the conditions fixed in the EEA agreement. The programme shall be open to participation by the associated countries of Central Europe (CEC), particularly for victims of trafficking in women, and in accordance with the conditions laid down in the Association Agreements or Additional Protocols related thereto concerning participation in Community programmes. The programme shall be open to participation by Cyprus on the basis of additional appropriations in accordance with procedures to be agreed with that country.

(Amendment 28)

Annex (I), Objective

>Original text>

Objective:

to assist and encourage non-governmental organisations and voluntary organisations (NGOs) to work together with each other and with officials of public bodies

>Text following EP vote>

Objective:

to support and encourage non-governmental organisations and voluntary organisations (NGOs) to work together with each other and with officials of the various public bodies involved

(Amendment 29)

Annex (I)(1)

>Original text>

1. Support for the establishment of multidisciplinary networks involving NGOs from different Member States in order to facilitate the exchange of relevant information and experiences concerning actions undertaken in the Member States.

>Text following EP vote>

1.

Support for the establishment and strengthening of multidisciplinary networks involving NGOs from different Member States and the applicant countries, in order to ensure coordination and cooperation and to facilitate the exchange of information and experiences concerning actions undertaken in the Member States, including issues relating to missing persons and abducted children.

(Amendment 30)

Annex (I)(2)

>Original text>

2. Encouragement of cooperation between NGOs of the Member States and officials of public bodies in order to improve on both sides the level of knowledge and understanding of each other's role and to exchange relevant information and experiences concerning actions undertaken in the Member States.

>Text following EP vote>

2.

Encouragement and support of cooperation between NGOs of the Member States and the applicant countries and officials of the various public bodies concerned at national, regional and local level, in order to improve on both sides the level of knowledge and understanding of each other's role and to exchange relevant information and experiences concerning actions undertaken in the Member States, in particular on innovative pilot projects.

>Original text>

The networks shall in particular carry out activities to address the problems of violence that will:

(1) characterise different types of violence and assess the causes and public health consequences of violence;

>Text following EP vote>

The networks shall in particular carry out activities to address the problems of violence that will:

(1) characterise different types of violence and assess the causes and the physical, mental and social health consequences of violence;

>Original text>

(2) assess the types and effectiveness of measures to prevent violence and mitigate its effects;

>Text following EP vote>

(2) assess the types and effectiveness of measures to prevent violence and sexual exploitation and support the rehabilitation of victims as well as the effectiveness of repressive measures;

>Original text>

(3) promote activities to tackle this problem at both international and national level.

>Text following EP vote>

(3) promote activities to tackle this problem at both international and national level.

(Amendment 31)

Annex (II) Objective

>Original text>

Objective:

to raise public awareness about violence and the prevention of violence against children, young persons and women and to encourage the exchange of best practice.

>Text following EP vote>

Objective:

to raise public awareness about violence, the prevention of and protection against violence against children, young persons and women, including trafficking for the purpose of sexual exploitation, commercial sexual exploitation and other sexual abuse and to encourage the exchange of best practice.

(Amendment 32)

Annex (II)(3)

>Original text>

3. Promotion of information campaigns and pilot projects and awareness raising activities among the general public and, in particular, among children and young persons, educators and other categories involved about potential risks of violence and ways of avoiding them.

>Text following EP vote>

3.

Promotion of information campaigns and pilot projects and awareness raising activities among the general public and, in particular, among children and young persons, educators and other categories involved about potential risks of violence and ways of avoiding them; this can involve attention to underlying causes and to equality between men and women, respect for women's dignity and the rights of children; raising the awareness of the media about those issues, in order to foster debate among those working in the media about the value of a joint approach.

(Amendment 33)

Annex (II)(4)

>Original text>

4. Development of a Community-wide information source to assist and inform NGOs of publicly available information compiled by governmental, NGO and academic sources relevant to the field of violence and the means to prevent it, as well as the provision of information about all measures and programmes on this subject under the auspices of the EC. This should enable information to be integrated into the public health information system established under the injury prevention programme.

>Text following EP vote>

4.

Development of a Community-wide information source to assist and inform NGOs and public bodies of publicly available information compiled by governmental, NGO and academic sources relevant to the field of violence, its prevention and rehabilitation of victims, as well as the provision of information about all measures and programmes on this subject under the auspices of the EC. This should enable information to be integrated into the public health information system established under the injury prevention programme, as well as other relevant information systems.

(Amendment 34)

Annex (II)(5)

>Original text>

5. Research programmes in the field of violence and sexual abuse and the means of their prevention with the aim, inter alia, of identifying the most effective procedures for preventing violence and for examining the social and economic costs thereof.

>Text following EP vote>

5.

Research programmes in the field of violence and sexual abuse and the means of their prevention with the aim, inter alia, of identifying the most effective procedures for preventing and protecting against violence and for examining the social and economic costs thereof.

(Amendment 35)

Annex (II)(6)

>Original text>

6. Stimulation and exchange of best practice at Community level on the support and protection of children, young persons and women at risk, with special emphasis on prevention.

>Text following EP vote>

6.

Stimulation and exchange of best practice at Community level on the support and protection of children, young persons and women at risk, with special emphasis on the following areas:

- prevention (general or targeting specific groups at risk);

- protection and support to victims (psychological and medical assistance, training and reintegration into social and working life);

- treatment and rehabilitation programmes for those who have committed such crimes; - procedures to ensure the interests of children, young people or women who are the victims of violence.

(Amendment 36)

Annex (II)(6a) (new)

>Original text>

>Text following EP vote>

6a. Encouragement of the introduction of measures to increase the reporting to the authorities of violence against women, children and young persons and different forms of trade in women for sexual exploitation, in all Member States and under the same procedures.

Legislative resolution embodying Parliament's opinion on the amended proposal for a European Parliament and Council Decision adopting a programme of Community action (the DAPHNE Programme) (2000-2004) on measures aimed to prevent violence against children, young persons and women (COM(99)0082 - C4-0099/99 - 98/0192(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the amended Commission proposal to Parliament and the Council, COM(99)0082 - 98/0192 (COD),

- having regard to the Commission proposal, COM(98)0335 - C4-0502/98,

- having regard to Articles 189b(2) and 129 of the EC Treaty, pursuant to which the Commission submitted the amended proposal to Parliament (C4-0099/99),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Women's Rights and the opinions of the Committee on Budgets and the Committee on Civil Liberties and Internal Affairs (A4-0188/99);

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

5. Instructs its President to forward this opinion to the Council and Commission.