2001/514/JHA: Council Decision of 28 June 2001 establishing a second phase of the programme of incentives, exchanges, training and cooperation for persons responsible for combating trade in human beings and the sexual exploitation of children (Stop II)
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: child protection, cooperation policy, exchange of information, prostitution, trafficking in human beings, vocational training

7.7.2001

EN

Official Journal of the European Communities

L 186/7

COUNCIL DECISION

of 28 June 2001

establishing a second phase of the programme of incentives, exchanges, training and cooperation
for persons responsible for combating trade in human beings and the sexual exploitation of
children (Stop II)

(2001/514/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Articles 30(1), 31 and 34(2)(c) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 29 of the Treaty on European Union states that
the Union's objective is to provide citizens with a high
level of safety within an area of freedom, security and
justice by developing common action among the
Member States in the fields of police and judicial
cooperation in criminal matters, and that this objective
is to be achieved by preventing and combating trade in
human beings and the sexual exploitation of children.

The conclusions of the Tampere European Council call
for action against trade in human beings and the sexual
exploitation of children.

a

The nature of the questions addressed makes it essential
to have
coordinated, multidisciplinary approach
involving the various parties responsible for combating
these crimes at European Union level; creating a frame-
information, study and exchange
work for training,
programmes
responsible for combating
trade in human beings and the sexual exploitation of
children in all
its forms is likely to enable these
phenomena to be prevented and combated more effec-
tively.

for persons

It is important, in view of the international dimension of
trade in human beings and sexual exploitation of chil-
dren, to confront the phenomenon at every stage in the
chain: recruiters, transporters, exploiters, other interme-
diaries and clients.

The Stop programme, set up by Council Joint Action
96/700/JHA of 29 November 1996 establishing an
incentive and exchange programme for persons respon-
sible for combating trade in human beings and the
sexual exploitation of children (3), has helped increase
awareness within the European Union and step up
cooperation between persons in the Member States

(1) OJ C 96 E, 27.03.2001, p. 342.
(2) Opinion delivered on 5 April 2001 (not yet published in the Offi-

cial Journal).

(3) OJ L 322, 12.12.1996, p. 7.

responsible for combating trade in human beings and
the sexual exploitation of children.

The Stop Programme has made clear that the European
Union's objectives in combating trade in human beings
and the sexual exploitation of children are attained more
effectively at European level
than by the individual
Member States as a result of the exchange of experience,
economies of scale and the cumulative impact of the
actions undertaken.

The renewal of this programme, expressly envisaged by
Joint Action 96/700/JHA and expressly requested by the
European Parliament in its Resolution of 19 May 2000
entitled ‘On Further Actions in the Fight against Traf-
ficking in Women’, will enable this cooperation to be
further improved.

It
is desirable to ensure continuity for the projects
supported by the Stop programme and to renew it for a
second phase of two years.

The programme's activities must be tied in with those
carried out under the Daphne programme, which aims
to combat violence against children, adolescents and
women.

It is necessary to take action at Community level to
ensure coordination between the projects and facilitate
networking between the promoters while respecting the
subsidiarity principle.

The Stop programme must be opened up further to the
applicant countries by facilitating their participation in
the projects supported by the programme.

The measures necessary for the implementation of this
Decision should be adopted in accordance with the
procedures set out herein.

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13) A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the Commission on budgetary discipline and improve-
ment of the budgetary procedure (4), is included in this
Decision for the entire duration of
the programme,
without thereby affecting the powers of the budgetary
authority as they are defined by the EC Treaty,

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

L 186/8

EN

Official Journal of the European Communities

7.7.2001

HAS ADOPTED THIS DECISION:

Article 1

Establishment of the programme

1.
This Decision establishes the second phase of the Stop
programme for the exchange and training of, and cooperation
between, persons responsible for combating trade in human
beings and the sexual exploitation of children set up by Joint
Action 96/700/JHA.

The programme is hereby renewed for the period from 1

2.
January 2001 to 31 December 2002.

Article 2

Programme objectives

1.
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. Within this framework, it is
intended to prevent and combat trade in human beings and all
forms of
including child
pornography and the violence associated with it, and to help
the victims of these criminal activities. It aims, in particular, to:

sexual exploitation of children,

(a) develop, implement and evaluate a European policy in this

field;

(b) encourage

and strengthen networking

and practical
cooperation such as the exchange and dissemination of
information,
and the
improvement and adaptation of training and scientific and
technical research;

and good practice,

experience

(c) give particular attention to participation in the projects
developed by this programme to the public or private
organisations, institutions or associations concerned in the
applicant countries;

(d) encourage the stepping up of cooperation with third coun-
tries and the competent regional and international organ-
isations;

The applicant countries may participate in projects in
2.
order to familiarise themselves with the Union acquis in this
area and help them prepare for accession. Other third countries
may also participate where this serves the aims of the projects.

Article 3

Access to the programme

1.
The programme shall co-finance projects submitted by
any public or private organisations, institutions or associations
in the Member States of
the European Union involved in
helping victims and preventing and combating trade in human
beings and sexual exploitation of children.

2.
The programme is intended for persons responsible for
assisting victims and for preventing and combating trade in
human beings and the sexual exploitation of children, such as
judges, public prosecutors, law enforcement authorities, public

immigration and social service authorities, researchers and
representatives of charitable organisations.

3.
To be eligible for co-financing, the projects must involve
at least three Member States, or two Member States and one
applicant country, and have the objectives mentioned in Article
2.

4.

The programme may also finance:

(a) specific projects organised by Member States of particular
interest in terms of either the programme's priorities or
cooperation with the applicant countries;

(b) complementary measures organised by Member States such
as seminars, meetings of experts or other activities to
disseminate
the
programme.

information

obtained

under

the

Article 4

Activities under the programme

The programme shall comprise the following types of activities:

(a) training;

(b) exchanges and work experience placements;

(c) studies and research;

(d) meetings and seminars;

(e) dissemination
programme.

of

the

results

obtained

under

the

Article 5

Financing the programme

1.
The financial reference amount for the implementation of
this programme for the period 2001 to 2002 shall be EUR 4
million.

2.
The annual appropriations shall be authorised by the
budgetary authority within the limits of the financial perspec-
tive.

The co-financing of a project by the programme shall be
financing by another programme

3.
exclusive of any other
financed by the general budget of the European Union.

Financing decisions shall be followed by grant contracts
4.
between the Commission and the organisers. The financing
decisions and contracts arising therefrom shall be subject to
financial control by the Commission and to audits by the Court
of Auditors.

The proportion of financial support from the Community

5.
budget shall not exceed 70 % of the cost of the project.

However, the specific projects and complementary meas-
6.
ures mentioned in Article 3(4) can be financed to 100 %, up to
a ceiling of 10 % of
financial package allocated
annually to the programme for specific projects under Article
3(4)(a) and 5 % for complementary measures under Article
3(4)(b).

the total

7.7.2001

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Official Journal of the European Communities

L 186/9

Article 6

Implementation of the programme

1.
The Commission shall be responsible for the manage-
ment and implementation of the programme, in cooperation
with the Member States.

the Member States and chaired by the Commission's repres-
entative.

2.
This Committee shall adopt its rules of procedure on a
proposal by the basis of chair on the standard rules of proce-
dure which have been published in the Official Journal of the
European Communities.

2.
The programme shall be managed by the Commission in
accordance with the Financial Regulation applicable to the
general budget of the European Communities.

3.
The Commission may invite representatives from the
applicant countries to information meetings after the Commit-
tee's meetings.

3.

To implement the programme, the Commission shall:

(a) prepare an annual work programme comprising specific
if necessary, a list of

objectives, thematic priorities and,
specific projects and complementary measures;

(b) evaluate and select the projects presented by the organisers

mentioned in Article 3;

submit

The Commission shall

4.
to the Committee
mentioned in Article 7 the draft measures to be taken to
implement the project in sufficient time to enable the Member
States to consider them. Examination of the drafts presented by
the organisers shall be carried out in accordance with the
advisory procedure laid down in Article 8. Examination of the
Annual Work Programme,
the specific projects and the
complementary measures shall be carried out in accordance
with the management procedure laid down in Article 9.

5.
The Commission shall, on the condition that they are
compatible with the relevant policies, evaluate and select
projects submitted by the organisers on the basis of
the
following criteria:

(a) conformity with the programme's objectives;

(b) European dimension of the project and scope for participa-

tion by the applicant countries;

(c) compatibility with the work undertaken or planned within
the framework of the European Union's political priorities
on justice and home affairs and, in particular, the priority
relating to police and judicial cooperation in criminal
matters;

(d) complementarity with other past, present or

future

cooperation projects;

(e) ability of the organiser to implement the project;

(f) multidisciplinary aspects of the project;

(g) inherent quality of the project in terms of its conception,

organisation, presentation and expected results;

(h) amount of the subsidy requested under the programme and

proportionality with the expected results;

(i) impact of the expected results on the programme's objec-

tives.

criteria will be prioritised in the

These
programme.

annual work

Article 7

Committee

1.
The Commission shall be assisted by a Committee, enti-
tled the ‘Stop II Committee’, consisting of representatives from

Article 8

Advisory procedure

1. Where reference is made to this Article, the Commission
shall be assisted by an advisory Committee composed of the
representatives of the Member States and chaired by the repres-
entative of the Commission.

2.
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.

3.
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
4.
opinion delivered by the Committee.
inform the
Committee of the manner in which the opinion has been taken
into account.

It shall

Article 9

Management procedure

1. Where reference is made to this Article, the Commission
shall be assisted by a management Committee composed of the
representatives of the Member States and chaired by the repres-
entative of the Commission.

2.
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. The opinion shall be delivered by the majority laid
down in Article 205(2) of the Treaty establishing the European
Community,
is
required to adopt on a proposal from the Commission. The
votes of the representatives of the Member States within the
Committee shall be weighted in the manner set out in that
Article. The chairman shall not vote.

in the case of decisions which the Council

The Commission shall adopt measures which shall apply
3.
immediately. However, if these measures are not in accordance
with the opinion of the Committee, they shall be communi-
cated by the Commission to the Council forthwith. In that
event, the Commission may defer application of the measures
which it has decided on for a period of three months from the
date of such communication.

4.
The Council, acting by qualified majority, may take a
different decision within the period provided for by paragraph
3.

L 186/10

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Official Journal of the European Communities

7.7.2001

Article 10

Evaluation

The Commission shall undertake each year an evaluation
1.
of the actions carried out in implementing the programme for
the previous year. The outcome of the evaluation shall be
forwarded to the Committee.

2.
Each year the Commission shall report each year to the
European Parliament and the Council on the implementation
of the programme. The first report shall be presented before 31
July 2002.

Article 11

Entry into force

This Decision shall take effect from the day of its publication in
the Official Journal.

It shall apply until 31 December 2002.

Done at Luxembourg, 28 June 2001.

For the Council

The President

B. ROSENGREN