Proposal for a Council Decision on a medium-term Community action programme on measures providing a Community-wide support to Member States' action relating to violence against children, young persons and women (the Daphne programme) (2000 to 2004) (98/C 259/02) (Text with EEA relevance) COM(1998) 335 final - 98/0192(CNS)

(Submitted by the Commission on 9 July 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

(1) Whereas acts of violence against children, young persons and women constitute a serious breach of their human rights and inflict serious damage to the physical and mental health of the victims of such violence and to their families, as well as involving high social and economic costs to society as a whole;

(2) Whereas the European Parliament, in its resolutions of 19 September 1996 on minors who are victims of violence (1), of 12 December 1996 on measures to protect minors in the European Union (2) and of 16 September 1997 on the need to establish a European Union-wide campaign for zero tolerance of violence against women (3), has called on the Commission to draw up and implement action programmes to combat such violence;

(3) Whereas direct action concerning violence against women, young persons and children is in essence part of Member States' activity at national or local level;

(4) 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;

(5) Whereas this programme can bring added value by identifying and stimulating good practice and policies, encouraging innovation and exchanging relevant experience;

(6) 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;

(7) 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;

(8) Whereas cooperation with the international organisations competent in the field of public health and with non-member countries should be fostered;

(9) 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;

(10) Whereas, in order to increase the value and impact of the programme, a continuous assessment of the actions undertaken should be carried out, with particular regard to their effectiveness and the achievement of the objectives set and with a view, where appropriate, to making the necessary adjustments;

(11) Whereas this programme should be of five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set;

(12) Whereas for the purposes of the application of this Decision, the Commission should be assisted by an advisory committee;

(13) Whereas Article 2 of the Treaty provides that one of the tasks of the Community is the promotion throughout the Community of a high level of social protection and the raising of the standard of living and quality of life;

(14) Whereas under Article 3(j) and (o) of the Treaty, the activities of the Community include the strengthening of social cohesion and contribution to the attainment of a high level of health protection;

(15) Whereas the Daphne programme will contribute to the achievement of those objectives;

(16) Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those under Article 235,

HAS DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

1. This Decision establishes a medium-term Community action programme on measures relating to violence against children, young persons and women (the Daphne programme), hereinafter referred to as 'the programme`, for the period from 1 January 2000 to 31 December 2004.

2. The aim of the programme is to contribute towards protection against acts of violence towards children, young persons and women and, in particular, to assist and encourage NGOs and voluntary organisations active in this fight.

3. The actions to be implemented under the programme and their specific objectives are set out in the Annex and involve:

(a) the setting-up of networks, the exchange of information and coordination and cooperation at Community level;

(b) the raising of public awareness and the exchange of best practice;

(c) complementary expenditure.

Article 2

Implementation

1. The Commission shall ensure implementation, in close cooperation with the member States, of the actions referred to in Article 1(3).

2. The Commission shall cooperate with institutions and organisations active in the fight against violence against children, young persons and women.

Article 3

Consistency and complementarity

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.

Article 4

Committee

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.

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.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

2. The Committee shall draw up its own internal rules of procedure.

Article 5

Functions of the Committee

1. The Committee, acting in accordance with the procedure laid down in Article 4, shall assist the Commission in particular concerning:

(a) the criteria, and procedures for selecting and financing projects under the programme;

(b) the monitoring and evaluation procedure.

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

Article 6

International cooperation

1. In the course of implementing the programme, cooperation with non-member countries and with international organisations competent in the field of public health shall be fostered.

2. 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 the same rules as those applied to the EFTA countries, in accordance with procedures to be agreed with that country.

Article 7

Monitoring and evaluation

1. In the implementation of this Decision, the Commission shall take the necessary measures to ensure the monitoring and continuous evaluation of the programme taking account of the general and specific objectives referred to in Article 1 and in the Annex.

2. During the third year of the programme, the Commission shall present an evaluation report to the European Parliament and to the Council.

3. The Commission shall submit a final report on completion of the programme to the European Parliament and the Council.

4. The Commission shall incorporate into the reports referred to in paragraphs 2 and 3 information on Community financing in the various fields of action and on complementarity with the other actions referred to in Article 3, as well as the results of the evaluations. It shall also send them to the Economic and Social Committee and the Committee of the Regions.

(1) OJ C 320, 28.10.1996, p. 190.

(2) OJ C 20, 20.1.1997, p. 170.

(3) OJ C 304, 6.10.1997, p. 55.

ANNEX

SPECIFIC OBJECTIVES AND ACTIONS

I. ACTIONS TO SET UP NETWORKS AND TO ASSURE EXCHANGE OF INFORMATION, COORDINATION AND COOPERATION AT EUROPEAN COMMUNITY LEVEL

Objective: to assist and encourage non-governmental organisations and voluntary organisations (NGOs) to work together with each other and with officials of public bodies including law-enforcement officers and social workers

1. Support for the establishment of networks involving NGOs from different Member States in order to facilitate the exchange of relevant information and experiences including issues relating to missing persons.

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

II. ACTIONS AIMED AT THE RAISING OF PUBLIC AWARENESS AND THE EXCHANGE OF BEST PRACTICE

Objective: to raise public awareness of 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

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

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 fight against violence.

5. Research programmes in the field of violence.

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

III. COMPLEMENTARY EXPENDITURE

In addition, the programme will finance studies, meetings of experts, conferences and seminars, information and publications directly connected with the realisation of the action of which they are an integral part.