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 (1) (1999/C 89/05) COM(1999) 82 final - 98/0192(COD)

(Submitted by the Commission pursuant to Article 189 a(2) of the EC-Treaty on 17 February 1999)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 129 thereof,

Having regard to the proposal from the Commission,

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

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

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

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;

2. Whereas the European Parliament, in its Resolutions of 19 September 1996 on minors who are victims of violence (2) of 12 December 1996 on measures to protect minors in the European Union (3) and of 16 September 1997 on the need to establish a European Union-wide campaign for zero tolerance of violence against women (4) and of 16 December 1997 on trafficking in women for the purpose of sexual exploitation (5) has called upon the Commission to draw up and implement action programmes to combat such violence;

3. Whereas the Commission, in its Communication of 24 November 1993 on the framework for action in the field of public health (6), identified, inter alia, the prevention of injuries as an important area for action in the public health field; whereas in this context on 25 January 1999 a Decision of the European Parliament and the Council was adopted on a programme Community action on injury prevention;

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;

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

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 experience, 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;

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;

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;

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;

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 dessiminating innovative ideas to prevent violence;

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;

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;

13. 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 objective set and with a view, where appropriate, to making the necessary adjustments;

14. 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;

15. Whereas for the purposes of the application of this Decision, the Commission should be assisted by an advisory committee;

16. Whereas an agreement on a modus vivendi between the European Parliament, the Council and the Commission concerning measures for the implementation of acts adopted under the procedure laid down in Article 189b of the Treaty was reached on 20 December 1994;

17. Whereas this decision lays down a financial framework constituting the principal point of reference, within the meaning of point 1 of the Declaration of the European Parliament, the Council and the Commission of 6 March 1995, for the budgetary authority during the annual budgetary procedure;

18. Whereas the financial framework for the programme (2000-2004) shall be determined after the establishment of the future financial perspectives,

HAVE DECIDED AS FOLLOWS:

Article 1 Establishment of the programme

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 from 1 January 2000 to 31 December 2004.

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. If 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.

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

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

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

(c) complementary actions.

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 field of prevention of and protection against violence against children, young persons and women, in particular NGOs and voluntary organisations.

Article 3 Budget

1. The financial framework for the implementation of the five-year programme (2000-2004) shall be established at EUR 25 million.

2. The annual appropriations shall be established by he Budgetary Authority in accordance with the financial perspectives.

Article 4 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, in particular the programmes in the field of public health including that on injury prevention.

Article 5 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 to 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 6 Functions of the Committee

1. The Committee, acting in accordance with the procedure laid down in Article 5 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 Commission shall keep the Committee regularly informed about the overall state of progress of the programme.

Article 7 International cooperation

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.

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 he 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.

Article 8 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. Each year the Commission shall submit progress reports to the European Parliament and the Council. during the third year of the programme, the Commission shall present to the European Parliament and to the Council an evaluation report.

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

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 4, 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 259, 18.8.1998, p. 2.

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

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

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

(5) OJ C 14, 19.1.1998, p. 39.

(6) COM(93) 559 final.

ANNEX

SPECIFIC OBJECTIVES AND ACTIONS

I. ACTIONS TO SET UP MULTIDISCIPLINARY 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

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

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.

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 public health consequences of violence;

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

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

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

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

3. Promotion of in 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 of ways of avoiding them.

4. Development of a Community-wide information source to assist NGOs and inform them 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.

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.

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.

III. COMPLEMENTARY ACTIONS

In addition, the programme will finance studies, meetings of experts, seminars, information and publications directly connected with the realisation of the action of which they are an integral part, as well as the technical and administrative assistance expenditure, to the mutual benefit of the Commission and the beneficiaries of the operation and not falling within the permanent tasks of the public service, connected with the identification, preparation, management, monitoring, auditing and control of the programme or project.