Common Position (EC) No 5/2004 of 1 December 2003 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 (2004-2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme)
Date: 2003-12-01
Institutions: Council of the European Union
Subjects: EU programme, European social policy, child protection, help for victims, violence, woman

2.3.2004

EN

Official Journal of the European Union

C 54 E/1

I

(Information)

COUNCIL

COMMON POSITION (EC) No 5/2004

adopted by the Council on 1 December 2003

with a view to adopting Decision 2004/. . ./EC of the European Parliament and of the Council of
. . . adopting a programme of Community action (2004-2008) to prevent and combat violence
against children, young people and women and to protect victims and groups at risk (the
Daphne II programme)

(2004/C 54 E/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,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Having regard to the Opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) Physical,

sexual

violence

against
and psychological
children, young people and women, including threats of
such acts, coercion or arbitrary deprivation of
liberty,
whether occurring in public or private life, constitute 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
the Community as to constitute a genuine
throughout
health scourge and an obstacle to the enjoyment of safe,
free and just citizenship.

(1) OJ C 208, 3.9.2003, p. 52.
(2) OJ C 256, 24.10.2003, p. 85.
(3) Opinion of the European Parliament of 3 September 2003 (not yet
published in the Official
Journal), Council Common Position of
1 December 2003 and Position of the European Parliament . . .
(not yet published in the Official Journal).

(2)

It
is important and necessary to recognise the serious
immediate and long-term implications of violence for
health, psychological and social development, and for
the equal opportunities of those concerned, for individuals,
families and communities, and the high social and
economic costs to society as a whole.

(3) According to the World Health Organisation's definition,
health is a state of complete physical, mental and social
well being and not merely the absence of disease or
infirmity. A World Health Assembly resolution adopted
at the 49th World Health Assembly in Geneva in 1996
declares that violence is a leading worldwide public health
problem. The World report on violence and health
presented by the World Health Organisation in Brussels
on 3 October 2002 recommends promoting primary
prevention responses, strengthening responses for victims
of violence and increasing collaboration and exchange of
information on violence prevention.

(4) These principles are recognised in numerous conventions,
the main international
declarations and protocols of
the United
such as
and
organisations
institutions
Nations,
the
International Labour Organisation,
the
World Conference on Women and the World Congress
against Commercial Sexual Exploitation of Children. This
important work performed by international organisations
should be complemented by that of
the Community.
Indeed, Article 3(1)(p) of the Treaty requires Community
action to include a contribution to the attainment of a
high level of health protection.

the

inter

(5) The Charter of Fundamental Rights of

reaffirms

the European
Union (4)
to dignity,
alia
equality and solidarity. It includes a number of specific
provisions to protect and promote physical and mental
integrity, equal
the
rights of the child and non-discrimination, as well as to
prohibit
inhuman or degrading treatment, slavery and
forced labour, and child labour.

for men and women,

treatment

rights

(4) OJ C 364, 18.12.2000, p. 1.

C 54 E/2

EN

Official Journal of the European Union

2.3.2004

(6) The Commission has been called upon to draw up and
implement action programmes to combat such violence by
the European Parliament,
inter alia in its Resolutions of
19 May 2000 on the communication from the Commission
‘For further
to the Council and the European Parliament.
actions in the fight against trafficking in women’ (1), and of
20 September 2001 on female genital mutilation (2).

(7) The

by

up

set

action

programme

Decision
No 293/2000/EC of the European Parliament and of the
Council of 24 January 2000 adopting a programme of
(2000 to
Community action (the Daphne programme)
2003) on preventive measures to fight violence against
and women (3), has helped
children, young people
increase awareness within the European Union and
increase and consolidate cooperation between organi-
sations in the Member States active in combating violence.

(8) The Daphne programme has received an overwhelming
response and clearly meets a deeply felt need within the
voluntary sector. The funded projects have already started
to have multiplying effects on activities by non govern-
mental organisations and institutions in Europe. This
programme has already substantially contributed to the
development of EU policy on combating violence, traf-
ficking, sexual abuse and pornography, with implications
well beyond the boundaries of the European Union, as
mentioned in the mid-term report of
the Daphne
programme.

(9)

In its Resolution of 4 September 2002 on the mid-term
review of the Daphne programme (2000-2003) (4),
the
European Parliament stresses that the Daphne programme
meets a basic need for effective strategies to combat violence
and that it must continue beyond 2003, and calls on the
for a new action
Commission to submit a proposal
programme which incorporates all experience acquired
since 1997 and which is allocated appropriate funding.

at

exploitation perpetrated against

including abuse
concerning the prevention of violence,
and sexual
children,
young people and women and the protection of victims
and groups
risk through the dissemination and
exchange of information and experience, the promotion
of an innovative approach,
the joint establishment of
priorities, the development of networking as appropriate,
the selection of Community-wide projects and the moti-
vation and mobilisation of all parties concerned. These
should also encompass children and women
actions
brought to the Member States through human trafficking.
The Community can also identify and stimulate good
practice.

(12) The Daphne II programme can bring added value by iden-
tifying and stimulating good practice, by encouraging
innovation and by exchanging relevant experience of
actions undertaken in the Member States,
including an
information relating to the various laws,
exchange of
sanctions and the results achieved.
In order to achieve
the objectives of this 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 and combat
in the context of a multidisciplinary approach.
violence,

and combat

forms of violence

(13) Since the objectives of the proposed action, namely to
prevent
against
all
children, young people and women cannot be sufficiently
achieved by the Member States and can therefore, due to
the need for a coordinated and multidisciplinary approach
favouring the setting up of transnational frameworks for
training,
study and exchange of good
practice, and the selection of Community-wide projects,
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
subsidiarity as set out
In
accordance with the principle of proportionality, as set
out in that Article,
this Decision does not go beyond
what is necessary in order to achieve those objectives.

in Article 5 of

information,

the Treaty.

(10) It

the projects
is desirable to ensure continuity for
supported by the Daphne programme
to carry on
building on the experiences gained and to provide oppor-
tunities to promote the European added value stemming
from these experiences and, to this end, it is necessary to
establish a second phase of the programme, hereinafter
referred to as the ‘Daphne II programme’.

(14) The Daphne II programme should be of a five-year
duration in order to allow sufficient time for actions to
be implemented to achieve the objectives set and for
lessons and experience to be collated and integrated in
good practice across the European Union.

(11) The Community can bring added value to the actions
predominantly to be undertaken by Member States

(1) OJ C 59, 23.2.2001, p. 307.
(2) OJ C 77 E, 28.3.2002, p. 126.
(3) OJ L 34, 9.2.2000, p. 1.
(4) OJ C 272 E, 13.11.2003, p. 390.

(15) The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (5).

for

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

2.3.2004

EN

Official Journal of the European Union

C 54 E/3

a

financial

framework constituting

(16) This Decision lays down, for the entire duration of the
programme,
the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission on
budgetary discipline and improvement of the budgetary
procedure (1),
the budgetary authority during the
annual budgetary procedure,

for

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope

The second phase of the Daphne programme to prevent and
combat all forms of violence against children, young people
and women and to protect victims and groups at risk (‘the
Daphne II programme’)
is hereby established for the period
1 January 2004 to 31 December 2008. It may be extended.

For the purposes of the Daphne II programme, ‘children’ shall
include adolescents up to the age of 18 years, in accordance
with international
instruments relating to the rights of the
child.

However, projects with actions particularly designed for bene-
‘teenagers’
ficiary groups such as, for example,
(13-19 years
old) or people 12-25 years old,
shall be considered as
targeting the category of so-called ‘young people’.

Article 2

Programme objectives

1.
The Daphne II programme shall contribute to the general
objective of providing citizens with a high level of protection
including protection of physical and mental
from violence,
health.

The aim of this programme shall be to prevent and combat all
forms of violence, occurring in the public or the private
domain, against children, young people and women by
for
taking preventive measures and by providing support
victims and groups at
the
including in particular
risk,
prevention of future exposure to violence. It further aims to
assist and encourage non governmental organisations and other
organisations active in this field. This programme shall also
address
the question of perpetrators and their need for
treatment with the aim of tackling this problem.

(i) to set up multidisciplinary networks, particularly in
support of victims of violence and groups at risk;

(ii) to ensure the expansion of the knowledge base, the
information and the identification and
including through

exchange of
dissemination of good practice,
training, study visits and staff exchange;

(iii) to raise

among

violence

awareness of

targeted
audiences such as specific professions, competent auth-
orities and identified sectors of the general public with
a view both to improving understanding of, and
promoting the adoption of zero tolerance towards
violence and to encouraging support for victims and
the
to the
reporting of
competent authorities;

incidences of violence

(iv) to study phenomena related to violence and possible
methods of preventing it and explore and address the
root causes of violence at all levels of society;

(b) to implement complementary actions, on the initiative of
studies,
the formulation of
the Commission,
such as
statistics broken down by
indicators, data gathering,
gender and by age, seminars, and meetings of experts or
other activities to reinforce the programme's knowledge
base and to disseminate the information obtained under
this programme.

Article 3

Access to the programme

the competent

1.
The Daphne II programme shall be open to participation
by public or private organisations and institutions (local auth-
orities at
level, university departments and
research centres) working to prevent and combat violence
against children, young people and women or to protect
against such violence or to provide support for victims or to
targeted actions to promote rejection of such
implement
violence or
to encourage attitude and behaviour change
towards vulnerable groups and victims of violence.

2.

This programme shall also be open to the participation of:

(a) Accession States which signed the Treaty of Accession on

16 April 2003;

The actions to be implemented under the Daphne II

2.
programme, as set out in the Annex, are intended:

(b) the EFTA/EEA countries, in accordance with the conditions

laid down in the EEA Agreement;

(a) to promote transnational actions:

(1) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
2003/429/EC of the European Parliament and of the Council (OJ L
147, 14.6.2003, p. 25).

(c) Romania and Bulgaria, for which the conditions for partici-
pation are to be laid down in accordance with the
respective European Agreements, the additional protocols
thereto and the decisions of
the respective Association
Councils;

C 54 E/4

EN

Official Journal of the European Union

(d) Turkey, for which the conditions for participation are to be
laid down in accordance with the Framework Agreement
between the European Community and the Republic of
Turkey on the general principles for the participation of
the Republic of Turkey in Community programmes (1).

To be eligible for funding under this programme, projects
3.
shall
involve at least two Member States, have a maximum
duration of two years and be geared to the objectives set out
in Article 2.

Article 4

Actions under the programme

The Daphne II programme shall comprise the following types
of actions:

(a)

identification and exchanges of good practice and work
experience with a view in particular
to implementing
preventive measures and assistance to victims;

(b) mapping surveys, studies and research;

(c)

field work with the involvement of
particularly children and young people,
project design, implementation and evaluation;

the beneficiaries,
in all phases of

(d) creation of sustainable multidisciplinary networks;

(e)

training and design of educational packages;

(f) development

and

implementation

treatment
programmes and support for victims and people at risk,
including children and young people who witness domestic
violence;

of

(g) development

treatment
programmes for perpetrators, whilst ensuring the safety
of victims and children;

implementation

and

of

an approach which encourages
promotes their well-being and self-fulfilment.

respect

for

2.3.2004

them and

Article 5

Funding

1.
The financial framework for the implementation of the
Daphne II programme for the period from 1 January 2004 to
31 December 2008 is hereby set at EUR 50 million, of which
EUR 29 million is for the period until 31 December 2006.

For the period following 31 December 2006, the amount shall
be deemed to be confirmed if it is consistent for this phase
with the
the period
commencing in 2007.

financial perspectives

in force

for

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

2.
budgetary
perspective.

Funding decisions shall be followed by grant agreements

3.
between the Commission and the beneficiaries of the grant.

4.
The proportion of financial support from the Community
budget shall not exceed 80 % of the total cost of the project.

However,
the complementary actions referred to in Article
2(2)(b) may be financed up to 100 %, subject to a ceiling of
15 % of this programme's total annual financial allocation.

Article 6

Implementation of the programme

1.
The Commission shall be responsible for the management
and implementation of the Daphne II programme and shall
ensure that any result or product funded by this programme
is available free of charge and in electronic form.

(h) development and implementation of awareness-raising
actions targeting specific audiences, design of materials to
supplement those already available, or adaptation and use
of existing materials in other geographical areas or for
other target groups;

2.
in
The Commission shall ensure a balanced approach,
respect of the three target groups, namely children, young
people and women with regard to the implementation of this
programme.

(i) dissemination of

the results obtained under

the two
Daphne programmes including their adaptation, transfer
and use by other beneficiaries or in other geographical
areas;

The measures necessary for the implementation of this
3.
Decision relating to the annual plan of work shall be adopted
in accordance with the management procedure referred to in
Article 7(2).

(j)

identification and enhancement of actions contributing to
positive treatment of people at risk of violence, namely to

(1) OJ L 61, 2.3.2002, p. 29.

4.
The measures necessary for the implementation of this
Decision relating to all other matters shall be adopted in
accordance with the advisory procedure referred to in Article
7(3).

2.3.2004

EN

Official Journal of the European Union

C 54 E/5

Article 7

Committee

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at two months.

3. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

4.

The Committee shall adopt its rules of procedure.

result of
performance against the annual implementation plan.

and quantitative

the qualitative

evaluation of

the budgetary procedure for 2007,

In the context of
the
Commission shall, at the latest by 1 June 2006, report on
the consistency of the amount for 2007-2008 with the new
financial perspectives. If applicable, the Commission shall take
the necessary steps within the budgetary procedures
for
2007-2008 to ensure the consistency of the annual appro-
priations with the new financial perspectives.

On completion of

the Daphne II programme,

3.
the
Commission shall submit a final
to the European
this report shall
Parliament and to the Council.
contain information on the work carried out in the context
of the actions set out in Point II (c) of the Annex, as a basis for
evaluating the need for further political action.

report
Inter alia,

Article 8

Monitoring and evaluation

4.
The Commission shall also send the reports referred to
under paragraphs 2 and 3 to the European Economic and
Social Committee and to the Committee of the Regions.

The Commission shall take all the measures necessary to
1.
the
ensure the monitoring and continuous evaluation of
Daphne II programme taking account of
the general and
specific objectives set out in Article 2 and of the specific
objectives set out in the Annex.

At

the latest by 1 June 2006,

2.
the Commission shall
submit an evaluation report to the European Parliament and
to the Council, assessing the relevance, utility, sustainability,
effectiveness and efficiency of the Daphne II programme so
far. This report shall
include an ex-ante evaluation in order
to support possible future action. Moreover, in parallel to the
presentation of the Preliminary Draft Budget for 2007, the
forward to the budgetary authority the
Commission shall

Article 9

Entry into force

This Decision shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

. . .

For the European Parliament

The President

For the Council

The President

C 54 E/6

EN

Official Journal of the European Union

2.3.2004

ANNEX

Specific objectives and actions

I. TRANSNATIONAL ACTIONS:

1. IDENTIFICATION AND EXCHANGE OF GOOD PRACTICE AND WORK EXPERIENCE

Objective: to support and encourage the exchange, adaptation and use of good practice for application in other contexts

or geographical areas.

To stimulate and promote the exchange of good practice at Community level on protection of and support for children,
young people and women — victims or groups at risk — with special emphasis on the following areas:

(a) prevention (general or targeting specific groups);

(b) protection and support to victims (psychological, medical, social, educational and legal assistance, the provision of

accommodation, removing and protecting victims, training and reintegration into social and working life);

(c) procedures to protect the best interests of children, particularly those who are victims of prostitution, young people

and women who are the victims of violence;

(d) measurement of the real impact of the different types of violence on victims and society within Europe, in order to

establish an appropriate response.

2. MAPPING SURVEYS, STUDIES AND RESEARCH

Objective: to study phenomena related to violence.

To support research activities, gender- and age-based studies and mapping surveys in the field of violence in order, inter
alia:

(a) to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence,

including coercion to carry out actions such as begging or theft;

(b) to analyse and compare existing prevention and protection models;

(c) to develop prevention and protection practice;

(d) to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the

economic costs;

(e)

to study the scope for developing filters which prevent the forwarding of paedophile material via the Internet.

(f)

to undertake studies on children who are the victims of prostitution in order to help prevent this phenomenon by
means of better knowledge about the risk factors.

3. FIELD WORK WITH THE INVOLVEMENT OF THE BENEFICIARIES

Objective: actively to implement proven methods in the prevention of and protection from violence.

To support the implementation of methods, training modules and assistance (psychological, medical, social, educational,
legal, and to reintegration) directly involving the beneficiaries.

4. CREATION OF SUSTAINABLE MULTIDISCIPLINARY NETWORKS

Objective: to support and encourage both non-governmental organisations (NGOs) and other organisations, including

local authorities (at the competent level), active in the fight against violence to work together.

To support the establishment and strengthening of multidisciplinary networks and to encourage and support coop-
eration between NGOs and the various organisations and public bodies, in order to improve the level of knowledge and
understanding of one another's roles and to provide comprehensive multi-disciplinary support to victims of violence and
to those at risk.

2.3.2004

EN

Official Journal of the European Union

C 54 E/7

The networks will in particular carry out activities to address the problems of violence, geared to:

(a) producing a common framework for the analysis of violence, including the definition of different types of violence,
the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses;

(b) assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for
in particular to ensure that they are never again exposed to

the provision of support for victims of violence,
violence;

(c) promoting activities to tackle this problem at both international and national level.

5. TRAINING AND DESIGN OF EDUCATIONAL PACKAGES

Objective: to develop educational packages on the prevention of violence and on positive treatment.

To design and test educational packages and actions on the prevention of violence against children, young people and
women and on positive treatment, as well as on conflict management, for use in schools and adult educational
institutions, associations, undertakings, public institutions and NGOs.

6. DEVELOPMENT AND IMPLEMENTATION OF TREATMENT PROGRAMMES

Objective: to develop and implement treatment programmes for victims and people at risk, including children and young
people who witness domestic violence, as well as treatment programmes for perpetrators with the aim of
preventing violence.

To detect the possible causes, circumstances and mechanisms of the emergence and growth of violence including the
nature and motivation of perpetrators of violence and exploiters of commercial violence such as sexual or non-sexual
exploitation.

To develop, test and implement treatment programmes based on the above findings.

7. AWARENESS-RAISING ACTIONS TARGETING SPECIFIC AUDIENCES

Objective: to raise awareness and the level of understanding of violence and the prevention of violence against children,
young people and women with the aim of promoting zero tolerance of violence, the provision of support to
victims and groups at risk, and the reporting of incidences of violence.

The following types of actions, amongst others, are eligible for support:

(a) development and implementation of information and awareness-raising actions aimed at children, young people and
women, in particular on the potential risks of violence and ways of avoiding them; other publics to be targeted
could also include specific professions such as teachers, educators, medical doctors, youth or social workers, lawyers,
police authorities and the media;

(b) development of Community-wide information sources to assist and inform NGOs and public bodies about publicly
available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims,
compiled by governmental, non-governmental, academic and other sources; this should enable information to be
integrated into all the relevant information systems;

(c) encouragement of the introduction of measures and specific services to increase reporting to the authorities of
violence and different forms of trade in children, young people and women for sexual and non-sexual exploitation;

(d) promotion of publicity campaigns, using mass means of communication, focusing on the condemnation of violence

and the provision of support for victims in the form of psychological, moral and practical assistance.

The design of materials to supplement those already available, or to adapt them for use in other geographical areas or
for other target groups will be encouraged.

C 54 E/8

EN

Official Journal of the European Union

2.3.2004

II. COMPLEMENTARY ACTIONS

In order to ensure that all areas of the programme are fully covered, even in the absence of proposals — or of suitable
proposals — for a given area, the Commission will carry out more proactive activities to fill any gaps.

Consequently, the programme will finance complementary actions, on the Commission's initiative,
areas, inter alia:

in the following

(a) to enable the development of indicators on violence, so that the quantified impact of policies and projects can be
measured. This must be based on existing experience of all forms of violence against children, young people and
women;

(b) to set up a procedure for regular and sustainable data collection, preferably with the assistance of Eurostat, in order

to be able to quantify violence in the Union more accurately;

(c) to identify policy issues, wherever possible, in the light of the work achieved by funded projects, with the aim of

suggesting common policies on violence at Community level and reinforcing judicial practice;

(d) to analyse and evaluate the funded projects in order to prepare for a European Year against violence;

(e)

to disseminate on a Europe-wide scale good practices stemming from funded projects; this can be achieved by
various means:

(i) producing and distributing written material, CD-ROMs, video films, setting up Internet sites and promoting

campaigns and publicity spots;

(ii) seconding of or organising exchanges of experienced staff from one organisation to another in order to assist

with the implementation of new solutions or practices that have proven to be effective elsewhere;

(iii) enabling a single NGO to use results obtained under the two Daphne programmes, to adapt them or to transfer

them to another Union area or another category of beneficiary;

(iv) cooperating as closely as possible with mass media.

(f)

to organise seminars for all stakeholders involved in funded projects in order to improve management and
networking capability and to support information exchange;

(g) to conduct studies and organise meetings of experts and seminars directly connected with the carrying out of the

action of which they form an integral part.

In addition, the Commission may have recourse, in carrying out the programme, to technical assistance organisations,
the financing of which will be provided for within the overall financial framework and, under the same conditions, to
experts.

2.3.2004

EN

Official Journal of the European Union

C 54 E/9

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 5 February 2003, the Commission submitted to the Council a proposal for a second phase of

the Daphne programme (2004-2008), on the basis of Article 152 of the EC Treaty.

2. The European Parliament delivered its opinion in 1st reading on 2 September 2003.

3. The Economic and Social Committee delivered its opinion on 15 April 2003.

4. The Committee of the Regions delivered its opinion on 2/3 July 2003.

5. The Commission submitted an amended proposal on 16 October 2003.

6. On 20 October 2003, the Council expressed its unanimous political agreement on a draft common

position.

7. In accordance with Article 251 of the Treaty,

the Council adopted its common position on

1 December 2003.

II. OBJECTIVE

the Daphne programme which expires on
The proposal seeks to ensure the continuation of
31 December 2003. The structure and scope of the new proposal are similar to the Daphne I
programme, but
the original
programme and provides for an increase in budget so as to allow for a greater number of projects.
It should be noted that, although the Commission proposal foresaw a financial framework of EUR 41
million,
in its amended proposal the Commission agreed to the amount of EUR 50 million, as
requested by the European Parliament, in order to take into account enlargement to 25 Member States.

it builds on the experience gained during the implementation of

III. ANALYSIS OF THE COMMON POSITION

1. General observations

In adopting its common position, the Council gave its unanimous support to the continuation of
the Daphne programme for a second phase, from 2004 to the end of 2008, which it considers will
contribute to the general objective of providing citizens with a high level of protection against
violence, including the protection of their physical and mental health. The programme has been
generally recognised as a successful tool for combating violence against children, young people and
women as well as being instrumental in protecting victims and groups particularly at risk from
violence.

The Council has accepted the main objectives both of the Commission's proposal and the European
Parliament's amendments, including the increase in budget to EUR 50 million requested by the
European Parliament.

2. Amendments made by the European Parliament

The European Parliament adopted 40 amendments in the first reading.

2.1. Amendments by the European Parliament not taken on board by the Commission

In its amended proposal, the Commission did not accept 14 of the Parliament's amendments,
namely Amendments 2, 4, 11, 12, 14, 16, 19, 20, 21, 27, 34, 35, 39 and 40.

The Council did not accept these amendments for the same reasons as the Commission, as
follows:

C 54 E/10

EN

Official Journal of the European Union

2.3.2004

— Amendments 2, 4, 19 and 27, which single out specific categories of beneficiaries/victims,
such as girls, young women or street children, go against the general philosophy of the
programme to maintain a neutral approach in terms of categories.

— Amendments 20 and 35 are not in conformity with the currently agreed comitology
procedures as laid out in Decision 1999/468/EC of the European Parliament and the
Council (OJ C 38 of 6.2.2001).

— Amendments 11, 12, 21, 34 and 39 substantially increase the scope or the responsibilities
of the programme in such a way as to dilute its impact, with the additional risk that the
human and financial resources provided for would be insufficient.

— Amendments 14, 16 and 40 are not pertinent to the content of the programme or duplicate

other provisions.

2.2. Amendments by the European Parliament accepted by the Commission

The Commission accepted 19 of Parliament's amendments
Amendments 1, 3, 5, 6, 8, 9, 13, 18, 22, 24, 25, 26, 28, 29, 31, 32, 36, 37 and 38.

in their

entirety, namely

The Council also accepted all of these amendments, but modified the wording of amendments
18 and 22 (Articles 5 and 8 respectively) to clarify the situation with regard to the new
financial perspectives from 2007. In view of the importance of this programme in the fight
against violence and in the interests of rapid adoption of the Decision, the Council accepted the
increase in the budget to EUR 50 million requested by the European Parliament and accepted
by the Commission. Moreover, the Council has specified in Article 5(1) of its common position
that EUR 29 million of the total budget of EUR 50 million is for the period until 31 December
2006.

The Commission also accepted 7 other amendments, either in part or in spirit, namely
Amendments 7, 10, 15, 17, 23, 30 and 33.

The Council accepted 6 of these amendments as redrafted by the Commission. With regard to
amendment 17, the Council has incorporated the substance of it in Article 6(1) on Implemen-
tation, rather than in Article 4, as it considered that the Commission should hold the respon-
sibility for ensuring that any result or product funded by this programme was made available
free of charge and in electronic format.

3. Other changes made by the Council to the Commission's amended proposal

Apart from a number of editorial changes to clarify the meaning of the text, the Council made the
following main changes to the Commission's amended proposal:

— Title: Change of the title of the programme to include the concept of combating violence as
well as its prevention (‘a programme of Community action (2004-2008) to prevent and combat
violence against children, young people and women’). This concept has been included, as appropriate,
throughout the text.

— Articles 2(1) and 4(g): Extension of

the programme objectives and activities to include
addressing the question of perpetrators and their need for treatment, whilst at the same time
ensuring the safety of victims and children.

— Article 3(2): Alignment of the wording regarding participation in the programme to take into

account the Treaty of Accession of 16 April 2003.

— Article 4(f): Addition of a reference to supporting children and young people who witness

domestic violence.

2.3.2004

EN

Official Journal of the European Union

C 54 E/11

— Article 4(j) and Annex I, point 5: addition of activities contributing to positive treatment for

people vulnerable to violence.

— Article 6(3): Deletion of paragraph 3 which reserved a share of

for
large-scale projects as this was considered to be at the expense of the smaller non-governmental
organisations.

the annual budget

— Articles 6(4), 6(4a) and 7: Return to the mixed committee procedure (Management/Advisory)
of the Daphne I programme, as this was judged to have worked well during the implementation
of the original programme.

— Annex I, points 1(c) and 2(a):

in the context of protecting the best interests of children,
addition of a reference to protecting particularly those who are victims of prostitution and to
undertaking studies in this area with a view to preventing this phenomenon.

— Annex I, point 7(a): Inclusion of ‘youth’ workers in the list of specific professions that could be

the target of information and awareness-raising activities.

IV. CONCLUSION

As the Council was able to accept practically the entirety of the amendments of the European
Parliament which had been taken up by the Commission in its amended proposal, it considers that
the text of the common position meets the fundamental objectives of the Commission's proposal and
those that the European Parliament had in mind when proposing its amendments.

The Council would also like to point out that the other modifications it has made to the Commission's
amended proposal seek to improve the comprehensive nature of the programme and to address more
fully the range of problems facing those undertaking activities and projects aimed at preventing and
combating violence against children, young people and women, and at protecting victims and groups
at-risk.