European Parliament legislative resolution on the common position established by the Council with a view to the adoption of a European Parliament and Council Decision adopting a programme of Community action (Daphne Programme) (2000-2003) on preventive measures to fight violence against children, young persons and women (9150/1/1999 - C5-0181/1999 - 1998/0192(COD))
Date: 1999-11-17
Institutions: Committee on Women’s Rights and Gender Equality, European Parliament
Subjects: EU action, EU programme, European social policy, child protection, children's rights, domestic violence, sexual violence, women's rights

7.7.2000

EN

Official Journal of the European Communities

C 189/69

TEXTS ADOPTED

Wednesday 17 November 1999

1. Daphne programme 2000-2003 ***II

A5-0056/1999

European Parliament legislative resolution on the common position established by the Council
with a view to the adoption of a European Parliament and Council Decision adopting a pro-
gramme of Community action (Daphne Programme) (2000-2003) on preventive measures to fight
violence against children, young persons and women (9150/1/1999 . C5-0181/1999 . 1998/
0192(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (9150/1/1999 (cid:17) C5-0181/1999) (1),

(cid:17) having regard to its position at first reading (2) on the Commission’s proposal to Parliament and the

Council (COM(1999) 82) (3),

(cid:17) having regard to the Commission’s amended proposal (COM(1999) 244) (4),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 80 of its Rules of Procedure,

(cid:17) having regard to the recommendation for second reading of the Committee on Women’s Rights and

Equal Opportunities (A5-0056/1999),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Recital 1

(1) physical, sexual and psychological violence against chil-
dren, young persons and women constitutes a serious threat
to the physical and mental health of the victims of such vio-
lence; the effects of such violence are so widespread through-
out the Community as to constitute a major health scourge;

(1) physical, sexual and psychological violence against chil-
dren, young persons and women constitutes 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;

(Amendment 2)
Recital 2a (new)

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

(1) OJ C 317, 4.11.1999, p. 1.
(2) OJ C 219, 30.7.1999, p. 497.
(3) OJ C 89, 30.3.1999, p. 42.
(4) OJ C 162, 9.6.1999, p. 11.

C 189/70

Official Journal of the European Communities

EN

7.7.2000

Wednesday 17 November 1999

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

For the purposes of the application of this Decision, the Com-

(18)
mission should be assisted by an appropriate committee;

Deleted

(Amendment 7)
Recital 18

(Amendment 8)
Recital 19

(19) An agreement on a modus vivendi between the European Par-
liament, the Council and the Commission concerning the implement-
ing measures of acts adopted in accordance with the procedure laid
concluded on
down in Article 251 of
20 December 1994:

the EC Treaty (1) was

(19)
Implementing measures have to be adopted in
accordance with Council Decision 1999/0468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (1).

(1) OJ L 184, 17.7.1999, p. 23.

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

(Amendment 4)
Article 1(2)

2.
This programme aims to contribute towards ensuring a
high level of protection of physical and mental health by the
protection of children, young persons and women against vio-
lence (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, to
prevent future exposure to violence. By so doing, the pro-
gramme will contribute to social well-being.

2.
This programme aims to contribute towards ensuring a
high level of protection of physical and mental health by the
protection of children, young persons and women against vio-
lence (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, to
prevent future exposure to violence. By so doing, the pro-
gramme will contribute to social well-being. It further aims
to assist and encourage NGOs and other organisations
active in this field.

(Amendment 9)
Article 5

Committee

Implementing measures

1
In the implementation of this programme, the Commission shall
be assisted by a committee composed of representatives of the Member
States and chaired by the representative of the Commission.

The measures to be taken for the implementation of

1.
this Decision concerning:

The representatives of

2.
Committee a draft of the measures to be taken concerning:

the Commission shall submit

to the

(cid:17) the committee’s rules of procedure,

(cid:17) the implementing provisions,

(cid:17) the annual plan of work for the implementation of the
including the budgetary

in the programme,

measures
implications and selection criteria,

(cid:17) the general balance between the various sections of the

programme,

(cid:17) the procedures for coordination with programmes and
initiatives which are of direct relevance to achievement of
the aim of this programme,

(cid:17) the arrangements for cooperating with the third countries
and international organisations referred to in Article 7,

(cid:17) the procedures for monitoring and evaluating the pro-

gramme.

(a)

(b)

(c)

(d)

(e)

the annual plan of work for the implementation of the
measures
including the budgetary
implications and selection criteria,

in the programme,

the general balance between the various sections of the
programme,

the procedures for coordination with programmes and
initiatives which are of direct relevance to achievement of
the aim of this programme,

the arrangements for cooperating with the third countries
and international organisations referred to in Article 7,

the procedures for monitoring and evaluating the pro-
gramme,

shall be adopted by use of the management procedure
referred to in Article 5a(2).

7.7.2000

EN

Official Journal of the European Communities

C 189/71

Wednesday 17 November 1999

AMENDMENTS
BY PARLIAMENT

The measures to be taken for the implementation of
2.
this decision concerning all other matters shall be adopted
by use of
the advisory procedure referred to in
Article 5a(3).

Article 5a

Committee

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/0468/EC shall apply, without pre-
judice to Article 8 thereof.

The period provided for in Article 4(3) of Decision 1999/
0468/EC shall be two months.

3. Where reference is made to this paragraph, Articles 3
and 7 of Decision 1999/0468/EC shall apply, without pre-
judice to Article 8 thereof.

4.

The committee shall draw up its rules of procedures.

COMMON POSITION
OF THE COUNCIL

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 of decisions which the
Council
is required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States within the com-
mittee shall be weighted in the manner set out
in that Article.
The chairman shall not vote.

3 (a) The Commission shall adopt measures which apply immedi-

ately.

(b) However, if these measures are not in accordance with the opi-
nion of the committee, they shall be communicated by the Com-
mission to the Council forthwith. In that event:

8 the Commission shall defer application of

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

8 the Council, acting by a qualified majority, may take a dif-
ferent decision within the time-limit referred to in the pre-
ceding indent.

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

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 Chair-
man may lay down according to the urgency of the matter, if necess-
ary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Mem-
ber 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 deliv-
ered by the Committee. It shall inform the Committee of the manner
in which its opinion has been taken into account.

The representative of the Commission shall keep the committee

5.
regularly informed of:
8 financial assistance granted under

this programme (amount,

duration, breakdown and beneficiaries),

8 Commission proposals or Community initiatives and the imple-
mentation of programmes in other fields which are of direct rele-
vance to achievement of the objective of this programme, so as to
referred to in
ensure
Article 4.

consistency and complementarity as

(Amendment 6)
Annex, Section II, point 1

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.

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
in particular, among children and
public, the media 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.