Opinion of the Committee of the Regions on the "Proposal for a decision of the European Parliament and of the Council establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at-risk (the Daphné II programme)"
Date: 2003-07-03
Institutions: European Committee of the Regions
Subjects: EU action, European social policy, action programme, child, violence, woman, young person

24.10.2003

EN

Official Journal of the European Union

C 256/85

— to ensure that WTO principles, particularly the voluntary
nature of action and the lack of any obligation to
privatise or deregulate, are put up for discussion during
negotiations and implementation as a result of being
disregarded in dispute settlement procedures;

— to ensure that laws and statutes decreed by regional and
local authorities cannot be classified as ‘non-tariff trade
barriers’;

— to ensure that the ultimate reason for foreign investors’

activities is not to obtain aid;

2.2.
stresses the need to maintain the principle of universal
service provision in public services and services of general
interest;

supports

2.3.
exchanges of skilled labour;

the Commission’s

intention to facilitate

Brussels, 3 July 2003.

Involving regions, municipalities and the CoR in information and
coordination activities within the EU

notes that

2.4.
the regions and municipalities are the
principal providers of public services and that therefore they
and the CoR should be involved in an appropriate manner in
coordination activities within the EU;

2.5.
welcomes the Commission’s efforts to improve trans-
parency and include interest groups from all relevant service
sectors, civil society and the various socio-economic groups.
However, it considers that regional and local authorities cannot
be included in this category, as they cover the full range of
public services and in fact created the public service sector as
part of their remit within the democratic process;

would urge as a result of the inclusion of services in
2.6.
international liberalisation that provision be made for obliga-
tory CoR participation in the future constitution’s commercial
policy title.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on the ‘Proposal for a decision of the European
Parliament and of the Council establishing a second phase of a programme of Community action
(2004-2008) to prevent violence against children, young people and women and to protect
victims and groups at-risk (the Daphné II programme)’

(2003/C 256/15)

THE COMMITTEE OF THE REGIONS

having regard to the proposal for a decision of the European Parliament and of the Council establishing a
second phase of a programme of Community action (2004-2008) to prevent violence against children,
young people and women and to protect victims and groups at-risk (the Daphné II programme),
(COM(2003) 54 final — 2003/0025 (COD));

having regard to the Council Decision of 4 March 2003 to consult it on this subject, under the first
paragraph of Article 265 and Article 152 of the Treaty establishing the European Community;

having regard to the decision of its President on 23 January 2003 instructing the Commission for
Constitutional Affairs and European Governance to draw up an opinion on the subject;

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having regard to its draft opinion (CdR 63/2003 rev.) adopted on 16 May 2003 by the Commission for
Constitutional Affairs and European Governance (rapporteur: Mr Riccardo Ventre, President of the
Province of Caserta (I-EPP));

whereas Article 3(p) of the Treaty stipulates that the activities of the Community shall
contribution to achieving a high level of health protection;

include a

whereas health protection includes all measures for combating violence, which damages the victim’s
physical and mental health;

whereas the Charter of Fundamental Rights of the European Union prohibits all
degrading treatment as well as guaranteeing the rights of women and children;

inhuman and/or

whereas the first Daphné programme received an overwhelming response with a large number of projects
of which, thus far, only 13 % have been financed, due to the lean budget for such a serious problem,
whose impact is perhaps not sufficiently recognised;

whereas local and regional authorities are the institutions that must be in the front line in helping victims
and eradicating this phenomenon,

adopted the following opinion unanimously at its 50th plenary session of 2 and 3 July 2003 (meeting of
3 July).

1. The Committee of the Regions,

1.5.
agrees with the Commission that combating violence
is a sine qua non for creating an area of freedom, security and
justice in the EU;

The Committee of the Regions

1.1.
welcomes a second phase in the Daphné programme
as violence against children, young people and women is still
a very serious concern, as demonstrated by the sheer number
of projects submitted during the first phase of the programme;

1.2.
appreciates the wide range of violence against minors
(children and young people) and women covered by the draft
programme, although there is practically no reference to
violence linked to commercial exploitation or the introduction
of children, particularly immigrants, to theft or crime;

1.3.
endorses the choice of organisations and institutions
entitled to submit projects, including municipal councils, in
view of their responsibility to help victims;

1.4.
considers that eligibility for the programme should
also include the regions, which normally control the budget
for social measures, and the police, at least as associates, as the
times indispensable for identifying cases of
latter are at
violence and in particular for recognising whether there is an
organisation behind the perpetrator of the violence;

is convinced,

1.6.
in accordance with the Commission
document, of the need to frame improved and varied action
instruments, in the light of the experiences of the first phase
of the programme, but considers that some aspects of the
proposal could be improved, such as that concerning immi-
grants;

agrees there is a need for a more accurate definition of
1.7.
specific actions with precise objectives, fixed for each year of
the programme, to increase its impact and avoid disappointing
many participants, who are sometimes excluded for reasons
that cannot be explained clearly;

1.8.
considers as very constructive the Commission’s inten-
tion to construct an EU network of good practice and measures
for the prevention and suppression of all types of violence, as
mutual cognisance of measures can help to improve ways of
tackling the problem. It is important to remember the very
wide and varied scope of the question, from domestic violence
in the workplace, exploitation of
to that on the street,
marginalised people, such as migrants and illegal immigrants,
to name but a few of the cases indicating the need for increased
cooperation in Europe;

welcomes

the decision to increase

1.9.
the budget
(EUR 20 million for the first phase) on the grounds that more
countries are involved due to enlargement, and that the first
phase of the programme demonstrated the need for further
intervention;

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1.10.
considers, however, that the proposed increase is too
small and inadequate considering the significant commitment
not only to new Member States but also to those preparing for
enlargement. Many women and children may arrive from these
countries and become victims of violence. The increase also
appears small in relation to the significant number of projects
which were submitted and accepted during the first phase of
Daphné but not financed due to lack of funds. Only 13 % of
the submissions were financed;

1.11.
welcomes the fact that part of the budget will be set
aside for complementary measures, such as studies and
research, which will also have to address needs that have been
highlighted by the Commission.

2. CoR recommendations

The Committee of the Regions

2.1.
recommends that eligibility for project submission or
partnership should be extended to include the regions and the

police, due to the assistance they can provide in tackling the
problem and the specific contributions they can make;

2.2.
recommends that attention be paid, at least as regards
the particular objectives to be set year by year, to immigrant
women and children. These categories easily become victims
of violence due to the hardship they experience, both economi-
cally and in general, particularly illegal immigrants or unac-
companied children;

2.3.
recommends that violence should not only be con-
sidered as commercial sexual exploitation, but also as forcing
people into begging, theft and crime;

2.4.
recommends that funding be increased further to at
least EUR 65 million — the Commission’s first proposal — as
the EUR 41 million budget limit appears small in relation to
the objectives, particularly if part of the allocation is set aside,
understandably, for studies and research;

2.5.
calls on the Commission to prepare an invitation to
tender, in order to define the objectives for studies and research
more clearly, as cooperation with and suggestions from those
with practical experience of the problem always helps to focus
more closely on the objectives.

Recommendation 1

Article 3 (1)

Commission document

Amendment

The programme shall be open to participation by public
or private organisations and institutions (local authorities
at municipal level, university departments and research
centres) working to prevent violence against children,
young people and women ...

The programme shall be open to participation by public
or private organisations and institutions (local authorities
at municipal level, regions, university departments, and
research centres and local, regional and national police
forces) working to prevent violence against children,
young people and women ...

Reason

The regions should be included within the institutions and organisations eligible for the programme as they usually
have competence and funds as regards actions concerning people’s health and quality of life and can benefit all
projects relating to the objectives of the second phase of the Daphné programme, as well as the local and national
police forces, which are often the first to come up against cases of violence and because point 7(a) of the Annex
names them as possible beneficiaries of support.

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Recommendation 2

Article 5 (1)

Commission document

Amendment

The financial framework for the implementation of the
programme for the period 2004 to 2008 is hereby set at
EUR 41 million.

The financial framework for the implementation of the
programme for the period 2004 to 2008 is hereby set at
EUR 41 million 65 million.

Reason

The increase in the budget to EUR 65 million, from EUR 41 million in the draft programme, is justified on the
grounds that during the first phase of the Daphné programme the EUR 20 million budget only financed 13 % of
projects received. Furthermore the second phase must also deal with requests from the 12 applicant countries, which
can already be regarded as EU states. In addition, the Commission, in the report preceding the draft programme,
recommended a budget of EUR 65 million.

Recommendation 3

Annex 2 a)

Commission document

Amendment

to explore and assess the various causes, circumstances
and mechanisms of
the emergence and growth of
violence.

to explore and assess the various causes, circumstances
and mechanisms of
the emergence and growth of
violence, including forcing people into begging, theft
and crime.

Reason

It is constructive to include references to forcing people into begging, theft and crime under acts of violence,
particularly concerning children, as the programme appears to focus mainly, if not exclusively, on sexual violence,
which is extremely serious, but not the only type of violence.

Recommendation 4

Annex 5: Specific objectives and actions

Commission document

Amendment

To design and test educational packages on the preven-
tion of violence against children, young people and
women, as well as on conflict management, for use in
schools and adult educational institutions.

To design and test educational actions and packages on
the prevention of violence against children, young people
and women, as well as on conflict management, for use
in schools, and adult educational institutions, councils
and other training or communication media establish-
ments.

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Recommendation 5

Annex 6, second paragraph

Commission document

Amendment

To detect the possible causes, circumstances and mech-
anisms of the emergence and growth of violence includ-
ing the nature and motivation of perpetrators of violence
and exploiters of commercial violence such as sexual
exploitation

To detect the possible causes, circumstances and mech-
anisms of the emergence and growth of violence includ-
ing the nature and motivation of perpetrators of violence
and exploiters of commercial violence such as sexual
and non-sexual exploitation

Reason

As referred to in the above reason (Recommendation 3), commercial sexual exploitation is not the only form of
violence. There are also the cases listed above, such as forcing people into theft or begging, which constitutes very
serious psychological, moral, as well as physical, violence against children.

Recommendation 6

Annex 7 c)

Commission document

Amendment

encouragement of
the introduction of measures to
increase reporting to the authorities of violence against
women, children and young people and different forms
of trade in women and children for sexual exploitation.

encouragement of the introduction of measures and
specific services to increase reporting to the authorities
of violence or abuse against women, children and young
people and different forms of
trade in women, and
children and young people for sexual and non-sexual
exploitation.

Reason

See reason for Recommendation 5.

Brussels, 3 July 2003.

The President

of the Committee of the Regions

Albert BORE