Amended proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at-risk (the DAPHNE II programme) (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

1. INTRODUCTION

On 4 February 2003, the Commission submitted to the European Parliament, to the Council, to the European Economic and Social Committee and the Committee of the Regions a proposal for the Daphne II programme [COM(2003) 54 final, 2003/0025 (COD)].

Daphne II (2004-2008) is the second phase of the Daphne programme (2000-2003) to prevent and to combat violence against children, young people and women and to protect victims and groups at-risk.

The European Social & Economic Committee gave its opinion on 14 May 2003 (CESE 588/2003) and the Committee of the Regions (CDR 63/2003) on 3 July 2003.

The European Parliament referred the proposal to its Committee on Women's Rights and on Equal Opportunities for examination. The Committee on Citizen's Freedoms and Rights, Justice and Home Affairs and the one on Budget were also consulted.

After examining the opinion of the other Committees consulted, the Committee on Women's Rights and on Equal Opportunities adopted its report on 10 July 2003.

At its sitting on 3 September 2003, the European Parliament adopted a legislative resolution endorsing the Commission proposal subject to a number of amendments and called the Commission to amend its proposal accordingly pursuant to Article 250(2) of the EC Treaty.

2. THE AMENDED PROPOSAL

The European Parliament endorses the general approach and the content of the Commission proposal.

It adopted 40 amendments. The Commission is able to accept nineteen amendments as they comply fully with its approach and constitute valuable additions, expanding on and clarifying the Commission text. Seven others can also be accepted with some minor rewriting.

On the contrary, the Commission cannot accept fourteen amendments that fall within the following categories:

First, there is a group of 4 amendments (2, 4, 19, 27) that single out specific categories of beneficiaries/victims, such as girls, young women or street children. This would go against the philosophy of the programme which carefully maintains a neutral approach and an equilibrium throughout the text.

Another group deals with inter-institutional relations (amendments 20, 35) and interferes with the current comitology as laid out in Decision 1999/468/CE (OJ C 38 of 6.2.2001).

A third category includes amendments (11, 12, 21, 34) that substantially enlarge either the scope or the responsibilities of the programme in such a way that, on the one hand, the foreseen human and financial resources will not suffice and, on the other hand, will dilute and disperse the impacts of the programme.

A fourth category includes amendments (14, 16, 39, 40) that are not pertinent with the text or are redundant with others.

2.1. Amendments accepted in whole or in part

Recital 1 (Amendment 1) : The text of the amendment is inserted because it clarifies the context.

Recital 2 (Amendment 3) : The added word is useful.

Recital 11 (Amendment 5) : The text of the amendment is inserted because it clarifies first the position of the Community programme amongst the actions that can be carried out within the Member States and clarifies the scope of the beneficiaries of the programme.

Recital 12 (Amendment 6) : The added words are useful.

Article 2, paragraph 1, subparagraph 2 (Amendment 7) : The words "occurring in the public or private domain" are added because they are consistent with amendment 1. The second addition suggested by the amendment is not included in order to avoid singling out a particular type of violence and to remain consistent with the meaning of this paragraph that was written intentionally with a large scope in terms of violence (« all types of violence ») and in terms of beneficiaries (« children, young people and women »). The programme therefore concerns all forms of violence and all victims from any of the above three categories (and people at risk of becoming a victim of violence).

Article 2, paragraph 2, point (a), paragraph (iv) (Amendment 8) : The added words are useful.

Article 2, paragraph 2, point (b) (Amendment 9) : The added words are useful.

Article 3, paragraph 1 (Amendment 10) : The added words enlarge and precise better the categories of potential applicants.

Article 4, point (a) (Amendment 13) : The added words clarify the objective.

Article 4, point (f) (Amendment 15) : The added words clarify the objective.

Article 4, last paragraph (New) (Amendment 17) : This new paragraph reinforces one of the objectives of the programme, i.e. the wide dissemination of good practice.

Article 5, paragraph 1 (Amendment 18) : The initial position of the Commission was EUR 41 million, which corresponds to EUR 49,2 million once the budget is adapted in view of the enlargement of the Union. The amount of EUR 50 million suggested by the European Parliament can be accepted by the Commission, since it is very close to its current position. Moreover, the last sentence is added in order not to prejudge of the Financial Perspective for the year 2007 and beyond.

Article 8, paragraph 2 (Amendment 22) : The added paragraph clarifies the content of the reporting to the European Parliament and to the Council and is complementary and consistent with amendment 18 here above.

Article 8, paragraph 3 (Amendment 23) : The added text may reinforce the impact of the programme.

Annex, point I, paragraph 1, point (b) (Amendment 24) : The added words give more precision to the text.

Annex, point I, paragraph 2, subparagraph 1 (Amendment 25) : The added words are useful.

Annex, point I, paragraph 2, point (e) (New) (Amendment 26) : This suggestion is a useful addition.

Annex, point I, paragraph 3, subparagraph 1 (Amendment 28) : The added words are useful.

Annex, point I, paragraph 5, objective (Amendment 29) : The added words precise better the range of beneficiaries.

Annex, point I, paragraph 6, objective (Amendment 30) : The added words are similar and consistent with amendment 15.

Annex, point I, paragraph 7, point (a) (Amendment 31) : The added words precise better the range of the targeted audience.

Annex, point I, paragraph 7, point (d) (New) (Amendment 32) : This paragraph usefully complements the list of the Commission.

Annex, point II, paragraph 2, point (a) (Amendment 33) : The added words clarifies the point.

Annex, point II, paragraph 2, point (d) (New) (Amendment 36) : This paragraph usefully complements the list of the Commission.

Annex, point II, paragraph 2, point (e) paragraph (1) (Amendment 37) : The added elements usefully complement the list of the Commission.

Annex, point II, paragraph 2, point (e) paragraph (4) (New) (Amendment 38) : This suggestion usefully complements the list of the Commission.

2.2. Amendments which cannot be accepted

Amendment 2, 4, 19 and 27

These amendments, adding two Recitals and one paragraph to the Annex and modifying Article 6, paragraph 2, are not acceptable to the Commission as they single out specific categories of beneficiaries/victims, such as girls, young women or street children. This would go against the philosophy of the programme which carefully maintains a neutral approach and an equilibrium throughout the text. Article 2, paragraph 1, point 2 of the Daphne II proposal was written intentionally with a wide scope in terms of violence (« all types of violence ») and in terms of beneficiaries (« children, young people and women »). The programme therefore concerns all forms of violence and all victims from any of the above three categories and people at risk of becoming a victim of violence. This way the programme avoids any exclusion.

Amendment 11

This amendment adds a new point to Article 3, paragraph 2, in order to allow the participation of third countries in the programme. However, Article 3 of the text of the Commission concerning the countries able to participate in the programme is standard, given the current situation of the Union and its future enlargement. Furthermore, it corresponds to the range of countries involved in the first Daphne programme. To include a larger list of countries which could participate presents the serious risks that, on one hand, it would dilute and disperse the efforts and actions undertaken, thereby reducing the impact of the programme and, on the other hand, would necessitate human and financial resources that the programme will not possess, as envisaged in the current text. In addition, the Commission, within the scope of its policies and activities for the development of third countries and for external relations, is already implementing programmes and actions in favour of fundamental rights.

Amendment 12

This amendment adds a new point to Article 3 (paragraph 4). It would ensure the participation of all countries to which the programme is open and to encourage the participation of NGOs. In fact, the Daphne II programme is open to all Member States, as well as the EFTA/EEA ones and to candidate countries. The programme will be implemented by way of calls for proposals which allow the possibility for any organisation in these countries to apply. To stimulate this participation is a huge undertaking which goes far beyond the responsibility and resources of the Commission. Moreover, the Daphne programme had to face, between 2000 and 2003, a demand that was already eight times greater than its available financial resources.

Amendment 14 and 16

These amendments add text to Article 4, points (e) and (g) that is not consistent with the rest of the text. In fact, Article 3 paragraph 1 of the text already specifies the organisations and bodies that can participate to the programme. As a consequence, there is no need to mention them or some of them again for the actions listed in Article 4. All activities of the programme are open to all organisations. The pertinence of the partnerships of each proposal is checked by the Commission against the objectives of the proposal.

Amendment 20

This amendment precises that the Committee of representatives of the Member States that assists the Commission in the implementation of the programme should be gender-balanced. However, this article is a standard one related to the current comitology for Commission programmes. The proposed amendment is not necessary as it is already covered by a general principle of Community Law that must be - and is - respected by the Commission and Member States (Commission decision 2000/407/EC of 19 June 2000 relating to gender balance within the committees and expert groups established by it). Article 2 thereof reads : « The Commission commits itself to creating a gender balance in expert groups and committees established by it. The aim in the medium term is to reach at least 40 % of members of one sex in each expert group and committee». In addition, the Commission uses this article in every mail addressed to Member States in view of establishing committees or expert groups.

Amendment 21

This amendment requests that the Commission should ensure the overall consistency and complementarity with relevant Community policies, instruments and actions. The Commission agrees with the principle that co-operation with other programmes on certain specific points is mutually beneficial. This is why, the Commission ensures the consistency and the complementarity between its various instruments and actions, within the usual framework of their management. In particular, within the scope of violence, there is a co-operation between Daphne and programmes such as AGIS (and previously STOP), Safer Internet and Injury Protection Programme (now Framework programme on Health). However, to fund a project with several programmes - and therefore different budget lines - usually causes complications which outweigh the benefits obtained.

Amendment 34

This amendment requests that the Daphne II programme set up a European database with Interpol and Europol on missing people. This type of action and collaboration is already largely covered by the Commission. In fact, a similar information system already exists, the « Schengen Information System » (SIS and now SIS II, currently developed by the Commission). Further, the Council adopted a resolution (2001/C 283/01) inviting Member States to co-operate and mutually exchange the appropriate information on missing children. Following this resolution, the Commission is carrying out a study on, amongst other things, the nature and extent of the phenomenon of missing children. In addition, the Council framework decision relating to trafficking in human beings (2001/C 62 E/24) instructs Member States, in Article 9, to co-operate notably with exchange of information. Finally, collaboration with Interpol and Europol belongs more appropriately to the AGIS programme (co-operation in criminal matters).

Amendment 35

This amendment proposes to establish a "think tank" to provide guidelines and orientations in order to facilitate the priorities for the selection of projects. It would be composed of representatives of the European Parliament and of major NGOs. This amendment proposes a mechanism that would interfere with the current commitology as laid out in Decision 1999/468/CE (OJ C 38 of 6.2.2001). In fact, the choice of the priorities and the selection of projects belong to the exclusive responsibility of the Commission, assisted and advised by a Committee of representatives of the Member States. In addition, the participation of representatives of NGOs in this « think tank » group could lead to conflicts of interest since they are potential candidates for Community funding.

Amendment 39

This amendment proposes to establish a helpdesk to assist NGOs, particularly from new Member States, in their participation to the programme. The Commission is very positive about this idea. However, the implementation of such a service will largely depend on the availability of appropriate human and financial resources. At this stage of the process, the Commission cannot accept the amendment as such but will certainly try to implement it, should the necessary resources be available.

Amendment 40

This amendment on a European year of action against violence is no longer necessary now that amendment 36 has been accepted.

2003/0025 (COD)

Amended proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at-risk (the DAPHNE II programme)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

Having regard to the proposal from the Commission, [1]

[1] COM(2003)54 Final

Having regard to the opinion of the European Economic and Social Committee, [2]

[2] CESE/2003/588

Having regard to the opinion of the Committee of the Regions, [3]

[3] CDR/2003/63

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

Whereas:

(1) Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. The effects of such violence are so widespread throughout the Community as to constitute a major health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

(2) It is important and necessary to recognise the serious immediate and long-term implications of violence for health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.

(3) 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. A World Health Assembly resolution [4] adopted at the 49th World Health Assembly in Geneva in 1996 declares that violence is a leading world-wide public health problem. The World report on violence and health presented by the World Health Organisation in Brussels on 3 October 2002 recommends to promote primary prevention responses, to strengthen responses for victims of violence and to increase collaboration and exchange of information on violence prevention.

[4] Resolution WHA49.25

(4) These principles are recognised in numerous conventions, declarations and protocols claimed by the main International Institutions such as the United Nations, the International Labour Organisation, the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. This important work performed by international organisations should be complemented by that of the European Union. Indeed, Article 3(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection.

(5) The Charter of Fundamental Rights of the European Union reaffirms inter alia the rights to dignity, equality and solidarity [5]. It includes a number of specific provisions to protect and promote the physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour.

[5] OJ C 364, 18.12.2000, p. 1

(6) The Commission has been called upon to draw up and implement action programmes to combat such violence by the European Parliament, inter alia in its resolutions of 2 May 2000 [6] on the Commission's communication Further actions in the fight against trafficking in women [7], and of 20 September 2001 on female genital mutilation [8].

[6] A5-0127/2000, OJ C 59, 23.2.2001, p. 307

[7] COM(1998) 726

[8] 2001/2035(INI), OJ C 77E, 28.3.2002, p. 22-126

(7) The action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women [9], has helped increase awareness within the European Union and increase and consolidate co-operation between organisations in the Member States active in combating violence.

[9] OJ L 34, 9.2.2000, p. 1

(8) The Daphne programme (2000-2003) has received an overwhelming response and clearly meets a deeply felt need within the voluntary sector. The funded projects have already started to have multiplying effects on activities by non governmental organisations and institutions in Europe. During its first phase, this programme has already substantially contributed to the development of EU policy on violence, trafficking, sexual abuse and pornography, with implications well beyond the boundaries of the European Union, as mentioned in the mid-term report of the Daphne programme.

(9) In its resolution of 4 September 2002 [10] on the mid-term review of the 2000-2003 Daphne programme [11], the European Parliament stresses that the Daphne programme meets a basic need for effective strategies to combat violence and that it must continue beyond 2003, and calls on the Commission to submit a proposal for a new action programme which incorporates all experience acquired since 1997 and which is allocated appropriate funding.

[10] 2001/2265(INI)

[11] COM(2002) 169 final, SEC(2002) 338

(10) It is desirable to ensure continuity for the projects supported by the Daphne programme (2000-2003), to carry on building on the experiences gained and to provide opportunities for ongoing European added value stemming from these experiences and, to this end to renew the programme for a second phase.

(11) The Community can provide added value to the actions predominantly to be undertaken by Member States concerning the prevention of violence, abuse and sexual exploitation perpetrated against women, young people and children and the protection of victims and groups at risk through the dissemination and exchange of information and experience, the promotion of 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 parties concerned. This shall also encompass women and children brought to the Member States through human trafficking. The Community can also identify and stimulate good practice.

(12) This programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience of actions undertaken in the Member States, including an exchange of information relating to the various laws, sanctions and the results achieved. 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 Community added value and show the way towards trying out and disseminating innovative ideas to combat and prevent violence, in the context of a multidisciplinary approach.

(13) Therefore, in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of the proposed action (to prevent and combat all forms of violence against children, young people and women) can be better achieved by the Community, due to the need of a co-ordinated and multidisciplinary approach favouring the setting up of transnational frameworks for training, information, study and exchange of good practice, and the selection of Community-wide projects. 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.

(14) This phase of the programme should be of a five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set and for lessons and experience to be collated and integrated in good practice across the European Union.

(15) In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [12], measures for the implementation of this Decision should be adopted by use of the advisory procedure provided for in Article 3 of that Decision.

[12] OJ L 184, 17.7.1999, p. 23.

(16) This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure [13].

[13] OJ C 172, 18.6.1999, p. 1.

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope

The second phase of the Daphne programme to prevent all forms of violence against children, young people and women and to protect victims and groups at risk ("the programme") is hereby established for the period 1 January 2004 to 31 December 2008; it may be extended.

For the purposes of this programme, 'children' shall include adolescents up to the age of 18 years, in accordance with international instruments relating to the rights of the child.

However, projects with activities particularly designed for beneficiary groups such as, for example, 'teenagers' (13-19 years old) or people 12-25 years old, will be considered as targeting the category so-called 'young people'.

Article 2

Programme objectives

1. The programme shall contribute to the general objective of providing citizens with a high level of protection from violence, including protection of physical and mental health.

The aim of the programme shall be to prevent and combat all forms of violence, occurring in the public or the private domain, against children, young people and women by taking preventive measures and by providing support for victims, including in particular the prevention of future exposure to violence, and to assist and encourage non governmental organisations and other organisations active in this field.

2. The actions to be implemented under the programme, as set out in the Annex, are intended :

(a) to promote transnational actions :

(i) to set up multidisciplinary networks, particularly in support of victims of violence and groups at risk;

(ii) to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange;

(iii) to raise awareness among targeted audiences such as specific professions, competent authorities and identified sectors of the general public with a view both to improving understanding and promoting the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of incidences of violence to the appropriate authorities;

(iv) to study phenomena related to violence and possible method of preventing it and explore and address the root causes of violence at all levels of society;

(b) to implement complementary actions, on the initiative of the European Commission, such as studies, the formulation of indicators, data gathering, statistics broken down by gender and by age, seminars, and meetings of experts or other activities to reinforce the programme's knowledge base and to disseminate the information obtained under the programme.

Article 3

Access to the programme

1. The programme shall be open to participation by public or private organisations and institutions (local authorities at municipal and regional levels, university departments and research centres) working to prevent and to combat violence against children, young people and women or to protect against such violence or to provide support for victims or to implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.

2. The programme shall be open to the participation of :

(a) the EEA countries, in accordance with the conditions established in the EEA Agreement,

(b) the associated central and eastern European countries, in accordance with the conditions established in the European Agreements, in their additional protocols and in the decisions of the respective Association Councils,

(c) Cyprus, Malta and Turkey on the basis of bilateral agreements to be concluded with these countries.

3. To be eligible for funding under the programme, projects shall involve at least two Member States, have a maximum duration of two years and be geared to the objectives set out in Article 2.

Article 4

Activities under the programme

The programme shall comprise the following types of activities :

(a) identification and exchanges of good practice and work experience with a view in particular to implementing preventive measures and assistance to victims;

(b) mapping surveys, studies and research;

(c) field work with the involvement of the beneficiaries, particularly children and youth, in all phases of project design, implementation and evaluation ;

(d) creation of sustainable multidisciplinary networks;

(e) training and design of educational packages;

(f) development and implementation of treatment programmes for aggressors, on the the one hand, and for victims and people at-risk, on the other hand;

(g) development and implementation of awareness-raising activities targeted to specific audiences, design of materials to supplement those already available, or adaptation and use of existing materials in other geographical areas or for other target groups;

(h) dissemination of the results obtained under the Daphne programme including their adaptation, transfer and use by other beneficiaries or in other geographical areas.

Any result (study, printed material, educational or training package, audio clip, video film, collected data (excluding personal data) and statistics, etc.) funded or co-funded by this programme must be usable by any other third party free of charge and must be available on electronic format.

Article 5

Budget

1. The financial framework for the implementation of the programme for the period 2004 to 2008 is hereby set at EUR 50 million.

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. The commitment appropriations scheduled after the year 2006 are subject to an agreement of the budgetary authority on the financial perspective beyond 2006.

3. Funding decisions shall be followed by grant agreements between the Commission and the beneficiaries of the grant.

4. The proportion of financial support from the Community budget shall not exceed 80 % of the total cost of the project.

However, the complementary actions referred to in Article 2(2b) may be financed up to 100%, subject to a ceiling of 15 % of the programme's total annual financial allocation.

Article 6

Implementation of the programme

1. The Commission shall be responsible for the management and implementation of the programme.

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

3. The Commission shall ensure a balanced approach, in terms of project scale, by reserving a share of the annual budget for large-scale projects, enabling wider partnerships to implement extended activities.

4. The measures necessary for the implementation of this Decision shall be adopted in accordance with the advisory procedure set out in Article 7(2).

Article 7

Committee

1. The Commission shall be assisted by a Committee, composed of representatives of the Member States and chaired by the representative of the Commission.

2. Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof.

Article 8

Monitoring and evaluation

1. The Commission shall take all the measures necessary to ensure the monitoring and continuous evaluation of the programme taking account of the general and specific objectives set out in Article 1 and in the Annex.

2. At mid-term, and by mid-2006 at the latest, the Commission shall present an evaluation report to the European Parliament and to the Council, assessing the relevance, utility, sustainability, effectiveness and efficiency of the Daphne II activities achieved so far. This report will include an ex-ante evaluation in order to support possible future action. Moreover, in parallel to the presentation of the Preliminary Draft Budget for 2006, the Commission shall forward to the budgetary authority the result of the qualitative and quantitative evaluation of performance against the annual implementation plan.

3. On completion of the programme, the Commission shall submit a final report to the European Parliament and to the Council. Inter alia, this report will contain information on the work carried out in the context of the actions set out in Point II (c) of the Annex, as a basis for evaluating the need for further political action.

4. The reports referred to under paragraphs 2 and 3 of this article will also be sent to the European Economic and Social Committee and to the Committee of the Regions.

Article 9

Entry into force

This Decision shall enter into force on the 20th day following the date of its publication in the Official Journal of the European Union.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

SPECIFIC OBJECTIVES AND ACTIONS

I. TRANSNATIONAL ACTIONS:

1. Identification and exchange of good practice and experience

Objective: to support and encourage the exchange, adaptation and use of good practice for application in other contexts or geographical areas

To stimulate and promote the exchange of good practice at Community level on support for and protection of children, young people and women - victims or groups at risk - with special emphasis on the following areas:

a) prevention (general or targeting specific groups);

b) protection and support to victims (psychological, medical, social, educational and legal assistance, the provision of accommodation, removing and protecting victims, training and reintegration into social and working life);

c) procedures to protect the best interests of children, young people and women who are the victims of violence;

d) measurement of the real impact of the different types of violence on victims and society within Europe, in order to establish an appropriate response.

2. Mapping surveys, studies and research

Objective: to study phenomena related to violence

To support research activities, gender- and age-based studies and mapping surveys in the field of violence in order, inter alia:

a) to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence, including coercive actions in view of begging or theft;

b) to analyse and compare existing prevention and protection models;

c) to develop prevention and protection practice;

d) to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the economic costs;

e) to study the scope for developing filters which prevent the forwarding of paedophile material via the Internet.

3. Field work with the involvement of the beneficiaries

Objective: to actively implement proven methods in the prevention and protection from violence

To support the implementation of methods, training modules and assistance (psychological, medical, social, educational, legal, reintegration) directly involving the beneficiaries.

4. Creation of sustainable multidisciplinary networks

Objective: to support and encourage both non-governmental organisations (NGOs) and other organisations, including local public authorities (at municipal level), active in the fight against violence to work together.To support the establishment and strengthening of multidisciplinary networks and to encourage and support co-operation between NGOs and the various organisations and public bodies, in order to improve the level of knowledge and understanding of one another's roles and to provide comprehensive multi-disciplinary support to victims of violence and to those at risk.

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

a) producing a common framework for the analysis of violence, including the definition of different types of violence, the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses;

b) assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for the provision of support for victims of violence, in particular to ensure that they are never again exposed to violence;

c) promoting activities to tackle this problem at both international and national level.

5. Training and design of educational packages

Objective: to develop educational packages on the prevention of violence

To design and test educational packages and activities on the prevention of violence against children, young people and women, as well as on conflict management, for use in schools and adult educational institutions, associations, undertakings, public institutions and NGOs.

6. development and implementation of treatment programmes

Objective: to develop and implement treatments for aggressors on one hand, and for victims and people at-risk, on the other hand, with the aim of preventing violence

To detect the possible causes, circumstances and mechanisms of the emergence and growth of violence including the nature and motivation of perpetrators of violence and exploiters of commercial violence such as sexual or non-sexual exploitation.

To develop, test and implement treatments based on the above findings.

7. Awareness-raising activities targeted to specific audiences

Objective: to raise awareness and the level of understanding of violence and the prevention of violence against children, young people and women with the aim of promoting zero tolerance of violence, the provision of support to victims and groups at risk, and the reporting of incidences of violence

The following types of actions, amongst others, are eligible for support:

a) development and implementation of information and awareness-raising activities aimed at children, young people and women, in particular on the potential risks of violence and ways of avoiding them ; other publics to be targeted could also include specific professions such as teachers, educators, medical doctors, social workers, lawyers, police authorities, the media, etc ;

b) development of Community-wide information sources to assist and inform NGOs and public bodies about publicly available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims, compiled by governmental, non-governmental, academic and other sources ; this should enable information to be integrated into all the relevant information systems ;

c) encouragement of the introduction of measures and specific services to increase reporting to the authorities of violence and different forms of trade in women, young people and children for sexual and non-sexual exploitation;

d) promotion of publicity campaigns, using mass means of communication, focusing on the condemnation of violence and the provision of support for victims in the form of psychological, moral and practical assistance.

The design of materials to supplement those already available, or to adapt them for use in other geographical areas or for other target groups will be encouraged.

II. COMPLEMENTARY ACTIONS

In order to ensure that all areas of the programme are fully covered, even in the absence of proposals - or of suitable proposals - for a given area, the Commission will carry out more proactive activities to fill any gaps.

Consequently, the programme will finance complementary actions, on the Commission's initiative, in the following areas, inter alia :

a. to enable the development of indicators on violence, so that the quantified impact of policies and projects can be measured. This should be based on existing experiences about all forms of violence against children, young people and women;

b. to set up a procedure for regular and sustainable data collection, preferably with the assistance of EUROSTAT, in order to be able to quantify violence in the Union more accurately;

c. to extract and deduce policy issues, wherever possible, from the work achieved by funded projects, with the aim of suggesting common policies on violence at Community level and reinforcing judicial practice;

d. to analyse and evaluate the funded projects in order to prepare for a European Year against violence;

e. to disseminate on a Europe-wide scale good practices stemming from funded projects ; this can be achieved by various means :

(1) producing and distributing written material, CD-ROMs, video films, Internet sites, campaigns and publicity spots;

(2) seconding of or organising exchanges of experienced staff from one organisation to another in order to assist with the implementation of new solutions or practices that have proven to be effective elsewhere;

(3) enabling a single NGO to use, adapt or transfer Daphne results to another Union area or another category of beneficiary;

(4) co-operating as close as possible with mass media.

f. to organise seminars for all stakeholders involved in funded projects in order to improve management and networking capability and to support information exchange;

g. to carry out studies and organise meetings of experts and seminars directly connected with the realisation of the action of which they form an integral part.

In addition, the Commission may have recourse, in carrying out the programme, to technical assistance organisations, the financing of which will be provided for within the overall financial framework and, under the same conditions, to experts.

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Immigration, asylum, visas; free movement of person; civil law; citizenship and fundamental rights.

Activit(y/ies): 45.40 : The fight against violence towards children, young people and women

Title of action: Daphne Programme (to combat violence against children, young people and women)

1. BUDGET LINE(S) + HEADING(S)

18 04 01 02 (B5-802)

2. OVERALL FIGURES

2.1. Total allocation for action (Part B): EUR million for commitment

45.625 million EUR.Following the interinstitutional agreement of 6 May 1999 (OJ C172/1 of 18.06.1999), in particular item E, Art. 33, the above amount may be subject to adaptation following the joining of new Member States in 2004.

2.2. Period of application:

01/01/2004 - 31/12/2008

2.3. Overall multiannual estimate of expenditure:

(a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1)

EUR million (to three decimal places)

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(b) Technical and administrative assistance and support expenditure(see point 6.1.2)

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(c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3)

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2.4. Compatibility with financial programming and financial perspective

[X] Proposal is compatible with existing financial programming.

Proposal will entail reprogramming of the relevant heading in the financial perspective.

Proposal may require application of the provisions of the Interinstitutional Agreement.

2.5. Financial impact on revenue: [14]

[14] For further information, see separate explanatory note.

Proposal has no financial implications (involves technical aspects regarding implementation of a measure)

OR

[X] Proposal has financial impact - the effect on revenue is as follows:

Contribution from EFTA/EEE states : 2.128% (2002 figures)

(EUR million to one decimal place)

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3. BUDGET CHARACTERISTICS

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4. LEGAL BASIS

Article 152 TCE.

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention

5.1.1. Objectives pursued

The programme shall contribute to the general objective of providing citizens with a high level of protection in an area of freedom, security and justice, including the protection of their physical and mental health. Within this framework, it is intended to prevent and combat all forms of violence against children, young people and women by the prevention of violence and by the provision of support for victims of violence in order, in particular, to prevent future exposure to violence. It further aims to assist and encourage NGOs and other organisations active in this field. By so doing, the programme will contribute to social well-being.

The actions to be implemented under the programme, as set out in the Annex, are intended :

a) to promote transnational actions :

i. to set up multidisciplinary networks, particularly in support of victims of violence and of at-risk groups;

ii. to ensure the exchange of information, the identification and dissemination of good practice, including through training, study visits and staff exchange;

iii. to raise awareness (general public, targeted audiences such as specific professions, authorities) both to improve understanding and adoption of zero tolerance towards violence and to encourage support to victims and reporting of incidences of violence to appropriate authorities;

iv. to study phenomena related to violence;

b. to implement complementary actions, at the initiative of the European Commission, such as studies, development of indicators, data gathering, seminars, meetings of experts or other activities to reinforce the knowledge base of the programme and to disseminate the information obtained under the programme.

5.1.2. Measures taken in connection with ex ante evaluation

This Decision aims at continuing the former Daphne programme. An evaluation of the Daphne programme has been carried out at mid-term, including explicitly ex-ante elements. Indeed, one of the purposes of this mid-term evaluation was to assess the continued relevance of the programme in view of existing needs. Its results were one of the elements to be taken into account in the decision on the renewal of the programme beyond 2003.

This evaluation has been carried out in the last quarter of 2001 and published in March 2002 (COM(2002) 169 final, SEC(2002) 338). It was an internal evaluation, based on a particular project monitoring system by external experts. This system comprises two on-the-ground visits to all the projects at different moments in the project's life: one visit takes place during the implementation of the project and focusses on process issues; the second visit takes place six months after the completion of the project and aims at evaluating its results, including contacts with final beneficiaries. This information was the main data used for the mid-term evaluation of the programme. The report has been sent to DG BUDG on 25th September 2002 and is also available on the Daphne web site.

The ex-ante elements of the mid-term evaluation have been discussed in the programme committee, composed of representatives of the Member States. They have also informed the discussion in the European Parliament on the need for the renewal of the programme, which resulted in the resolution A5-0233 (2002). The main elements in this regard are as follows.

The need for a programme to combat violence against children, young people and women is still present, as shown by the overwhelming response that the Daphne programme received (1200 proposals received, 145 funded). The first Daphne programme has involved more than 1000 NGOs and organisations active in this area in Europe, which in turn have reached several tens of thousands of direct beneficiaries (children, young people and women). The target groups who will benefit from the Daphne II programme remain those of the Daphne programme, i. e. children, young people and women.

The general objective of the programme is to combat violence against these target groups. This general objective remains relevant. More specific objectives are to set up multidisciplinary networks of organisations active in the field of violence, particularly in support of victims of violence and of groups at risks. These networks are to implement exchange of information, identification and dissemination of good practice, including through training, study visits and staff exchange. Also, they will raise awareness (general public, targeted audiences such as specific professions, authorities) both to improve understanding and adoption of zero tolerance towards violence and to encourage support to victims and reporting of incidences of violence to appropriate authorities. Finally, these networks will also study phenomena related to violence.

The mid-term evaluation also suggests useful programme indicators which will be taken up in Daphne II, such as the number of set-up networks, of victims of the various target groups that have been assisted, of information campaigns organised, of good practices that have been used and adapted in other geographical areas and/or for other target groups, of information or awareness raising tools that have been developed (CD-ROM, video, posters, brochures),etc.

One of the conclusions of the mid-term evaluation was that the added value at European level was closely linked to the transnational networking that was created. The nature of the issues addressed is such that a co-ordinated and multidisciplinary approach involving the various parties responsible for combating these crimes at European Union level is essential. The assumption is that by creating a framework for training, information, study and exchange of good practice for those responsible for combating violence in all its forms, we should be able to prevent and combat such violence more effectively. This assumption remains valid for Daphne II.

The mid-term evaluation has also shown that this community action has a direct benefit on victims of violence and that it complements legislative work achieved by Member States. It has also be detected during the period 2000-2002 that projects funded by the Daphne programme had found a continuation with the support of national authorities, be it with financial support or by use in policies. The Daphne funding has therefore acted as "seed capital" and can generate synergy.

The mid-term evaluation of the Daphne I programme revealed several weaknesses of the programme, such as areas of action that need to be strengthened, more dissemination of achieved results and more detailed guidelines for applicants. These points have been considered as axis for improvement of the current programme but have also been taken into account in the subsequent actions of the programme.

Building on the conclusions of the mid-term evaluation of the Daphne I programme, the monitoring system described above will be improved for Daphne II. The comprehensive monitoring of all projects will be pursued under Daphne II, including the evaluation of the outcomes of the projects 6 months after completion., This will be reinforced with mechanism for an evaluation at programme level. Furthermore, it is also intended to develop indicators and collect data in order to be able to quantify the various outcomes of the programme and the various populations reached.

5.1.3. Measures taken following ex post evaluation

The ex-post evaluation of the Daphne I programme has not taken place yet - indeed the programme is still ongoing, and will be in force until the end of 2003.

A final evaluation started mid-2003. It will include ex-post evaluation of all the projects funded (303) under Daphne I and its the preparatory actions in 1998 and 1999.

5.2. Actions envisaged and budget intervention arrangements

The target populations of this Decision are children, young people and women, victims or at-risk of violence.

The concrete measures to be taken to implement the programme are transnational actions and complementary measures, as specified in 5.1.1 here above.

These measures will strengthen the networking of the concerned organisations, will raise the awareness and level of information of the general public, but also of specific audiences (medical staff, police, journalists, educational staff, etc.), and will improve the dissemination and the use of good practice to combat violence against children, young people and women.

The proportion of financial support from the Community budget shall not exceed 80 % of the total cost of the project for the transnational actions and up to 100 % for the complementary measures.

5.3. Methods of implementation

The implementation of the activities will be as follows :

* all Public authority tasks will be conducted by Commission's officials (amongst others : Policy matters, Annual plan of work, Contractual matters, Financial matters (commitments, payments), etc.);

* the logistics related to the physical handling of files will be seconded to a TAA (Technical and Administrative Assistance) - amongst others : handling of proposals, encoding in a database, maintenance of the database, photocopying, preparation of lists, organisation of experts meeting, helpline for assistance, etc.;

* monitoring visits and evaluation of progress of the projects will be carried out with the help of external experts.

6. FINANCIAL IMPACT

6.1. Total financial impact on Part B - (over the entire programming period)

(The method of calculating the total amounts set out in the table below must be explained by the breakdown in Table 6.2. )

6.1.1. Financial intervention

Commitments (in EUR million to three decimal places)

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6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period)

Commitments

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7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1. Impact on human resources

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7.2. Overall financial impact of human resources

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The amounts are total expenditure for twelve months.

7.3. Other administrative expenditure deriving from the action

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The amounts are total expenditure for twelve months.

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(In the estimate of human and administrative resources required for the action, DGs/Services must take into account the decisions taken by the Commission in its orientation/APS debate and when adopting the preliminary draft budget (PDB). This means that DGs must show that human resources can be covered by the indicative pre-allocation made when the PDB was adopted.

Exceptional cases (i.e. those where the action concerned could not be foreseen when the PDB was being prepared) will have to be referred to the Commission for a decision on whether and how (by means of an amendment of the indicative pre-allocation, an ad hoc redeployment exercise, a supplementary/amending budget or a letter of amendment to the draft budget) implementation of the proposed action can be accommodated.

8. FOLLOW-UP AND EVALUATION

8.1. Follow-up arrangements

In order to follow and monitor the funded actions, mechanisms already in place within the previous Daphne programme will be pursued. Monitoring visits are paid to all projects during their implementation phase enabling to check progress made, results achieved and to propose advice to ensure a positive outcome.

8.2. Arrangements and schedule for the planned evaluation

The Commission is carrying out annual ex-post evaluations. All funded projects are analysed and visited after their completion in order to assess their overall functioning and output, the real and likely impact on target beneficiaries, the contribution to the general aims of the programme and the value for money. These assessments are synthesised in an annual report presenting a global picture of the achievements in the various fields of the programme.

Based on these data, a mid-term report and a final report on the programme will be presented.

9. ANTI-FRAUD MEASURES

The grant application forms will require information on the identity and nature of potential beneficiaries so that their reliability can be assessed in advance.

Fraud prevention measures (checks, intermediate reports, and final report) are included in the agreements or contracts between the Commission and beneficiaries. The Commission will check reports and ensure that work has been properly carried out before intermediate and final payments are made.

In addition, spot checks are carried out by the Commission to verify how funds have been used.