Common Position (EC) No 37/1999 of 13 September 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Decision of the European Parliament and of the Council adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women
Date: 1999-09-13
Institutions: Council of the European Union
Subjects: EU programme, action programme, child, violence, woman, young person

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 37/1999

adopted by the Council on 13 September 1999

with a view to adopting Decision No (cid:133)/1999/EC of the European Parliament and of the Council
of (cid:133) adopting a programme of Community action (the Daphne programme) (2000 to 2003) on
preventive measures to fight violence against children, young people and women

(1999/C 317/01)

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),

Having regard to the opinion of
Committee (2),

the Economic and Social

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

(1) Whereas physical,

sexual and psychological violence
against children, young people and women constitutes
a serious threat to the physical and mental health of
the victims of such violence; the effects of such violence
the Community as to
are so widespread throughout
constitute a major health scourge;

(2) Whereas

it

immediate

is
and

to recognise
important
long-term implications

serious
the
for health,

(1) OJ C 259, 18.8.1998, p. 2, OJ C 89, 30.3.1999, p. 42, and OJ

C 162, 9.6.1999, p. 11.
(2) OJ C 169, 16.6.1999, p. 35.
(3) OJ C 198, 14.7.1999, p. 61.
(4) Opinion of the European Parliament of 16 April 1999 (OJ C 219,
30.7.1999, p. 497), Council common position of 13 September
1999 and Decision of the European Parliament of (cid:133) (not yet
published in the Official Journal).

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;

(3) Whereas these principles are recognised in the United
Nations Convention of 1979 on the Elimination of all
the United
Forms of Discrimination against Women,
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
the Declaration and the Plan of
in Beijing in 1995,
Action against
the Sex Trade and the Exploitation of
Minors adopted at the Stockholm Conference in 1996,
and the Lisbon Declaration of 1998 on Youth Policies
and Programmes of the World Conference of Ministers of
Youth;

(4) Whereas the European Union has taken action in the
field of justice and home affairs in particular by the Joint
Action of 24 February 1997 concerning action to
combat
sexual
exploitation of children (5); the criminal
law aspects of
violence are a matter for the Member States;

trafficking

human

beings

and

in

(5) Whereas the European Parliament,

in its resolutions of
18 January 1996 on trafficking in human beings (6), of
19 September 1996 on minors who are victims of
violence (7), of 12 December 1996 on measures
to
protect minors in the European Union (8) and of 16
September 1997 on the need to establish a European
Union-wide campaign for zero tolerance of violence

(5) OJ L 63, 4.3.1997, p. 2.
(6) OJ C 32, 5.2.1996, p. 88.
(7) OJ C 320, 28.10.1996, p. 190.
(8) OJ C 20, 20.1.1997, p. 170.

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in women for

against women (1) and of 16 December 1997 on
sexual
trafficking
exploitation (2) has called on the Commission to draw up
and implement action programmes
such
violence;

the purpose of

to combat

(6) Whereas the Commission,

identified,

in its communication of 24
November 1993 on the framework for action in the field
inter alia, the prevention of
of public health,
injuries as an important area for action in the public
health field;
in this framework, on 8 February 1999
Decision No 372/1999/EC of the European Parliament
and of the Council was adopted on a programme of
Community action on injury prevention (3);

of,

understanding

for acquiring better
(7) Whereas by providing support
wider
and
and
knowledge
dissemination of
information about violence against
children, young people and women and by developing
actions
Community
programmes and actions, while avoiding unnecessary
this programme will contribute greatly to
duplication,
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;

complementary

existing

to

(8) Whereas direct

against
action concerning
children, young people and women is in essence part of
Member States’ activity at national, regional or local level;

violence

including violence in the form of

(9) Whereas the Community can provide added value to the
actions of Member States concerning the prevention of
sexual
violence,
exploitation and abuse perpetrated against
children,
young people and women through the dissemination and
the exchange of information and experience, promoting
the joint establishment of
an innovative approach,
priorities, the development of networking as appropriate,
the
selection of Community-wide projects and the
motivation and mobilisation of all parties concerned;

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

(11) Whereas therefore, in accordance with the principles of
subsidiarity and proportionality as set out in Article 5 of
the Treaty, the objectives of the proposed measure can
this Decision
be better achieved by the Community;
to the minimum required in order to
confines itself

(1) OJ C 304, 6.10.1997, p. 55.
(2) OJ C 14, 19.1.1998, p. 39.
(3) OJ L 46, 20.2.1999, p. 1.

achieve those objectives and does not go beyond what is
necessary for that purpose;

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

(13) 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 Community added value and show the way
towards trying out and disseminating innovative ideas to
prevent violence,
in the context of a multidisciplinary
approach;

(14) Whereas cooperation with the international organisations
competent in the fields covered by the programme and
with third countries should be fostered, as well as with
all those likely to be involved in preventing violence;

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

to participation by the

(16) 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
the
and the
to their
objectives set and with a view, where appropriate, to
making the necessary adjustments;

achievement of

effectiveness

(17) Whereas

this programme should be of a four-year
duration in order to allow sufficient time for actions to
be implemented to achieve the objectives set;

(18) Whereas for
Decision,
appropriate committee;

the purpose of

this
the Commission should be assisted by an

the application of

(19) Whereas an agreement on a modus vivendi between the
European Parliament, the Council and the Commission
concerning the implementing measures of acts adopted
in accordance with the procedure laid down in Article
251 of the EC Treaty (4) was concluded on 20 December
1994;

(4) OJ C 102, 4.4.1996, p. 1.

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(20) Whereas this Decision lays down for the entire duration
of the programme a financial framework constituting the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement
European
Parliament, the Council and the Commission of 6 May
1999 on budgetary discipline and improvement of the
budgetary procedure (1),

between the

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

1. A programme of Community action to fight violence
towards children, young people and women, is hereby adopted
for the period 1 January 2000 to 31 December 2003.

2. This programme aims to contribute towards ensuring a
high level of protection of physical and mental health by the
protection of children, young people and women against
violence (including violence in the form of sexual exploitation
and abuse), by the prevention of violence and by the provision
of support for the victims of violence, in order, in particular,
the
to prevent
programme will contribute to social well-being.

future exposure to violence. By so doing,

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

after

2. The Commission shall,
consultations with the
Member States, cooperate with institutions and organisations
active in the field of prevention of and protection against
violence against children, young people and women, and
in particular,
of the support of victims.
non-governmental
cooperation
transnational
organisations
local
and
authorities.

between
and national,

It shall encourage,

regional

(NGOs)

3. The Commission shall take account of activities carried
level. It shall
out in this field at national, regional and local
also ensure a balanced approach in respect of
the target
groups.

4. The actions undertaken shall involve a significant number
of Member States.

Article 3

Budget

1. The financial framework for the implementation of the
four-year programme 2000 to 2003 is hereby set at EUR 20
million.

2. The annual appropriations shall be established by the
Budgetary Authority within the
financial
perspectives.

limits of

the

3. The Community contribution shall vary according to the
nature of the action. It may not exceed 80 % of the total cost
of the action.

(a)

transnational actions to set up multidisciplinary networks
and to ensure exchange of information, best practice and
cooperation at Community level;

Article 4

Consistency and complementarity

(b) transnational actions aimed at raising public awareness;

(c) complementary actions.

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

Article 2

Implementation

Article 5

Committee

in close
1. The Commission shall ensure implementation,
cooperation with the Member States, of the actions referred to
in Article 1(3) in accordance with Article 5.

In

the

implementation

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

programme,

this

of

(1) OJ C 172, 18.6.1999, p. 1.

2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken concerning:

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(cid:151) the committee’s rules of procedure,

(cid:151) the implementing provisions,

(cid:151) the annual plan of work for the implementation of the
including the budgetary

in the programme,

measures
implications and selection criteria,

(cid:151) the general balance between the various sections of the

programme,

(cid:151) the procedures for coordination with programmes and
initiatives which are of direct relevance to achievement of
the aim of this programme,

(cid:151) the arrangements for cooperating with the third countries
and international organisations referred to in Article 7,

(cid:151) the procedures
programme.

for monitoring

and

evaluating

the

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. The opinion shall be delivered by the
majority laid down in Article 205(2) of the Treaty in the case
is required to adopt on a
of decisions which the Council
the
votes
proposal
representatives of the Member States within the committee
shall be weighted in the manner set out in that Article. The
chairman shall not vote.

from the Commission.

The

of

3.

(a) The Commission shall adopt measures which apply

immediately.

(b) However,

these measures are not
the Committee,

in accordance
if
with the opinion of
they shall be
communicated by the Commission to the Council
forthwith. In that event:

(cid:151) the Commission shall defer application of

the
measures which it has decided for a period of two
months from the date of such communication,

(cid:151) the Council, acting by a qualified majority, may
take a different decision within the time limit
referred to in the preceding indent.

4.
In addition, the Commission shall consult the Committee
on other appropriate matters relating to the implementation of
this programme.

In this case, 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.

5. The representative of
Committee regularly informed of:

the Commission shall keep the

(cid:151) financial

assistance

granted

under

this

programme

(amount, duration, breakdown and beneficiaries),

(cid:151) Commission proposals or Community initiatives and the
fields which
the objective
to ensure consistency and

in other
implementation of programmes
are of direct relevance to achievement of
of
complementarity as referred to in Article 4.

this programme,

so as

Article 6

Participation of the EFTA/EEA countries, the associated
central and east European countries, Cyprus, Malta and
Turkey

This programme shall be open to the participation of:

(cid:151) the EFTA/EEA countries, in accordance with the conditions

established in the EEA Agreement,

(cid:151) the associated central and east European countries,

in
accordance with the conditions established in the Europe
in their Additional Protocols and in the
Agreements,
decisions of the respective Association Councils,

(cid:151) Cyprus, funded by additional appropriations in accordance

with procedures to be agreed with that country,

(cid:151) Malta and Turkey, funded by additional appropriations in

accordance with the provisions of the Treaty.

Article 7

International cooperation

the Treaty,

programme,

to Article 300 of
the

in the course of
Subject
implementing
third
countries and with international organisations competent in
the fields covered by the programme shall be fostered as well
as with all
those likely to be involved in preventing and
protecting against all forms of violence.

cooperation with

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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.

the

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

the programme,

second

of

in

the

fields

various

financing
on
complementarity with the other actions referred to in Article
4, as well as the results of the evaluations. It shall also send
the reports to the Economic and Social Committee and the
Committee of the Regions.

action

and

of

Article 9

Entry into force

This Decision shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

3. The Commission shall submit to the European Parliament
and the Council a final
the
programme.

report on completion of

Done at (cid:133)

4. The Commission shall
reports
referred to in paragraphs 2 and 3 information on Community

incorporate

into the

For the European Parliament

The President

For the Council

The President

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ANNEX

SPECIFIC OBJECTIVES AND ACTIONS

I. TRANSNATIONAL ACTIONS TO SET UP MULTIDISCIPLINARY NETWORKS AND TO ENSURE EXCHANGE OF

INFORMATION, BEST PRACTICE AND COOPERATION AT COMMUNITY LEVEL

Objective:

to support and encourage both non-governmental organisations (NGOs) and other organisations including
public authorities active in the fight against violence to work together.

1.

Support for the establishment and strengthening of multidisciplinary networks and the encouragement and support
of cooperation between NGOs and the various organisations and public bodies 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 facilitate
the exchange of relevant information.

2.

Stimulation and exchange of best practice,
violence and on the support and protection of children, young people and women.

including pilot projects, at Community level on the prevention of

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

1. produce a common framework for analysis of violence, including the definition of different types of violence,

the causes of violence and all its consequences;

2. measure the real impact of the different types of violence within Europe on victims and society, in order to

establish an appropriate response;

3.

assess the types and effectiveness of measures and practices to prevent and detect violence including violence
in the form of sexual exploitation and abuse and to provide support for victims of violence, in order, in
particular, to prevent future exposure to violence.

II. TRANSNATIONAL ACTIONS AIMED AT RAISING PUBLIC AWARENESS

Objective:

to support the raising of public awareness of violence and the prevention of violence against children, young
people and women, including the victims of trafficking for the purpose of sexual exploitation, commercial
sexual exploitation and other sexual abuse.

1.

Encouragement of information campaigns in cooperation with the Member States and pilot projects with European
added value 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, including knowledge of legislative measures, health education and training in the context of the fight against
violence.

2. 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 the support of victims, and the means to prevent violence, as well as the provision of information
about all measures and programmes on this subject under the auspices of the Community. This should enable
information to be integrated into all relevant information systems.

3.

Studies 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 and policies for preventing violence, for supporting victims of violence, in
order, in particular, to prevent future exposure to violence, and for examining the social and economic costs, in
order to establish appropriate responses to this phenomenon.

4.

Improvement of recognition, reporting and management of the consequences of violence.

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III. COMPLEMENTARY ACTIONS

In carrying out the programme, the Commission, in compliance with Articles 2 and 5 of the Decision, can have
recourse to technical assistance organisations the financing of which shall be provided for within the overall financial
framework for the programme.
the
likely to facilitate the
Commission will be able to organise seminars, colloquia or other meetings of experts,
implementation of the programme and enhance information, publication and dissemination actions.

It can, under the same conditions, have recourse to experts. Furthermore,

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 9 July 1998, the Commission submitted to the Council a proposal for a decision, based on
Article 308 of the EC Treaty (ex Article 235) establishing the programme of Community action
(the Daphne programme) on measures to fight violence against children, young people and
women.

2. On 17 February 1999, the Commission submitted to the European Parliament and to the Council

an amended proposal based on Article 152 of the EC Treaty (ex Article 129).

3. The Economic and Social Committee and the Committee of the Regions delivered opinions on 28

April 1999 and 11 March 1999 respectively.

4. The European Parliament delivered its opinion on 16 April 1999.

5.

In the light of
proposal on 11 May 1999.

the European Parliament’s opinion,

the Commission submitted an amended

6. On 13 September 1999 the Council adopted its common position in accordance with Article 251

of the EC Treaty.

II. AIM OF THE PROPOSAL

The proposal takes the form of a multiannual programme which aims at contributing towards a high
level of protection of physical and mental health by the protection of children, young people and
women against violence (including in the form of sexual exploitation and abuse) by the prevention of
violence and by the provision of support for its victims. In this context, and in order to provide added
value at Community level to activity at Member State level, transnational actions involving the use of
networks, the exchange of
information, best practice and cooperation and the raising of public
awareness are foreseen.

1. General comments

In its common position the Council has approved the essence of the Commission proposal while
making some amendments which it thought desirable.

2. Specific comments

2.1. Legal basis

The legal basis put forward by the Commission in its amended proposal of 17 February
1999, namely Article 152 of the EC Treaty (ex Article 129), is considered by the Council in
its common position as being the most appropriate in view of the aim and contents of the
Daphne proposal: the promotion of coordination and exchange of information as well as
education and research relating to the causes and the prevention of violence which is or may
be the source of danger to the physical and mental health of the victims.

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2.2. Amendments made by the Council to the Commission proposal

2.2.1. Duration of the programme

As far as duration is concerned, the Council has opted for a four-year programme
(2000 to 2003),
the programme. The
Commission’s evaluation report will therefore be available during the second year, as
provided for in Article 8(2), rather than during the third year.

the experimental nature of

in view of

2.2.2. Funding

As a consequence of the four-year programme, the financial framework has been
fixed at EUR 20 million, which is directly proportionate to the Commission’s
proposal of EUR 25 million for a five-year programme.

2.2.3. Committee procedures (Article 5)

The Council has maintained a committee procedure whereby the powers of the
committee would be exercised, depending on the subject matter, under either the
management or the advisory committee procedure, as set out in the Council Decision
of 28 June 1999 laying down the procedure for the exercise of implementing powers
conferred on the Commission.

2.2.4. Role of non-governmental organisations and public bodies in the programme (Annex, part I)

While mindful of the vital role of NGOs in the transnational actions set out in part I
of the Annex, the Council has also acknowledged that other organisations, including
public bodies, will be involved in cooperation.

2.2.5. Other questions

(cid:151) Reference to action at EU level in the field of justice and home affairs (recital 4)

This recital has been introduced with the aim of making clear reference to action
carried out in the context of justice and home affairs at EU level as well as in the
context of criminal law at Member State level, and which is outside the scope of the
programme.

(cid:151) International cooperation

For the sake of clarity there are now separate articles dealing with the participation of
the EFTA/EEA, the associated central and east European Countries, Cyprus, Malta and
Turkey (Article 6) and international cooperation in general (Article 7).

(cid:151) Rate of Community contribution (Article 3(3))

The Council considered that it was important to specify that Community contribution
should vary according to the nature of the action and that it may not exceed 80 % of
the total cost of the action.

(cid:151) Commission’s cooperation with institutions and organisations active in the field

(Article 2(2))

The Council was of the view that such cooperation necessarily follows consultations
with Member States, and that this should be stated.

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(cid:151) Member State involvement in actions (Article 2(4))

A new paragraph has been added to specify that (cid:145)a significant number of Member
States(cid:146) shall be involved in actions.

(cid:151) Exchange of best practice

With a view to rendering the annex more coherent, the stimulation and exchange of
best practice has been transferred from part II (raising public awareness) to part I
which now brings together networks, exchange of information, best practice and
cooperation at Community level.

(cid:151) Complementary actions (Annex, part III)

The new wording introduced for part III of the Annex dealing with complementary
actions is drawn from the Leonardo II programme (Annex I, Section II, measure 7(3)).

2.3. European Parliament amendments

2.3.1. Parliament amendments adopted by the Commission

The Commission adopted in full,
amendments.

in part or in essence 26 of the 36 Parliament

2.3.2. Parliament amendments adopted by the Council

The Council adopted in full, in part or in essence 19 of the amendments proposed by
the Parliament and adopted by the Commission, notably amendments 1, 3, 4, 5, 8, 9,
10, 12, 13, 16, 17, 18, 19, 28, 29, 30, 31, 33 and 36.

2.3.3. Parliament amendments not adopted by the Council

Apart from the amendments not adopted by the Commission, on which it was not
possible for the Council to reach the requisite unanimity, the Council did not accept
the following amendments for the reasons stated:

(cid:151) Amendment 2

Extension of the definition of the effects of acts of violence (recital 1)

The Council
felt that this amendment did not add anything to the fundamental
concern with the physical and mental health of the victims of violence, clearly stated
in recital 1.

(cid:151) Amendment 6

Reference to the World Health Organisation’s definition of health (proposed new
recital)

It was not considered necessary to make reference to this definition since this merely
restates an existing situation.

(cid:151) Amendment 14

Cooperation with international organisations (recital 14)

The inclusion in this recital of a reference to organisations concerned with education
and development as well as those protecting against all
forms of violence was
considered as being limitative. The Council
favours cooperation with the widest
possible range of organisations active in the field.

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(cid:151) Amendment 21

Consistency and complementarity (Article 4)

favours consistency and complementarity of actions under the
As the Council
programme with all other relevant Community programmes and measures,
the
Council considered it inappropriate to specify individual programmes. However, the
Council has provided for the need to cover future developments in the field in its
common position.

(cid:151) Amendment 26

International cooperation (Article 7)

The Council could not accept the amendment to this Article for the same reasons as
those stated under Amendment 14 concerning recital 14.

(cid:151) Amendment 34

Research programmes in the field of violence and sexual abuse (Annex, part II)

The Council considered that the use of the phrase (cid:145)protecting against violence(cid:146) was
unnecessary in this amendment as
it was already included in the notion of
(cid:145)preventing violence(cid:146).

(cid:151) Amendment 35

Specification of areas for the exchange of best practice (Annex, part I)

The Council has decided to include reference to exchange of best practice in part I of
the Annex (See indent (cid:145)Exchange of best practice(cid:146) under point 2.2.5). It was not
considered appropriate to specify areas of best practice in the restructured part I.

III. CONCLUSIONS

The Council considers that its common position constitutes a balanced text. It reflects the need to
develop Community level action on preventive measures to fight violence against children, young
people and women, building on and developing the experience of the existing pilot actions in this
field.