Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 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: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: EU action, EU programme, aid system, child protection, help for victims, violence, woman, young person

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I

(Acts whose publication is obligatory)

DECISION No 803/2004/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

adopting a programme of Community action (2004 to 2008) to prevent and combat violence
against children, young people and women and to protect victims and groups at risk (the
Daphne II programme)

EUROPEAN

THE
COUNCIL OF THE EUROPEAN UNION,

PARLIAMENT AND THE

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,
against
sexual and psychological violence
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
throughout the Community as to constitute a genuine
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 (OJ C 54 E, 2.3.2004, p. 1), Position of
the
European Parliament of 9 March 2004 (not yet published in the
Official Journal) and Decision of the Council of 30 March 2004.

(2)

(3)

(4)

(5)

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
for
those
individuals,
families and communities, and the high
social and economic costs to society as a whole.

equal opportunities of

concerned,

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.

in

principles

recognised

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

requires Community

action to include

performed

This

the European
The Charter of Fundamental Rights of
Union (4) 1 reaffirms,
inter alia, the rights to dignity,
equality and solidarity. It includes a number of specific
provisions to protect and promote physical and mental
the
integrity, equal

for men and women,

treatment

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

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(6)

(7)

(8)

(9)

rights of the child and non-discrimination, as well as to
prohibit inhuman or degrading treatment, slavery and
forced labour, and child labour.

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 to
European
and
Parliament.
further actions in the fight against
‘For
trafficking in women' (1), and of 20 September 2001 on
female genital mutilation (2).

the Council

the

action programme

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

cooperation

consolidate

and

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
governmental organisations and institutions in Europe.
This programme has already substantially contributed to
the development of EU policy on combating violence,
pornography, with
abuse
trafficking,
implications well beyond the boundaries of
the
European Union, as mentioned in the mid-term report
of the Daphne programme.

sexual

and

the Daphne programme (4),

In its Resolution of 4 September 2002 on the mid-term
the European
review of
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 Commission to submit a proposal for a new action
programme which incorporates all experience acquired
since 1997 and which is allocated appropriate funding.

(10)

is desirable to ensure continuity for

It
the projects
supported by the Daphne programme to carry on
building on the experiences gained and to provide
opportunities to promote the European added value
stemming from these experiences and, to this end, it is

(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

(11)

(12)

(13)

to

establish

the
a
necessary
programme, hereinafter referred to as the ‘Daphne II
programme'.

second

phase

of

The Community can bring added value to the actions
predominantly to be undertaken by Member States
concerning the prevention of violence, including abuse
and sexual exploitation perpetrated against children,
young people and women and the protection of victims
and groups at
risk through the dissemination and
exchange of information and experience, the promotion
of an innovative approach, the joint establishment of
as
priorities,
appropriate, the selection of Community-wide projects
and the motivation and mobilisation of all parties
should also encompass
concerned. These
to the Member States
children and women brought
through human trafficking. The Community can also
identify and stimulate good practice.

development

networking

actions

the

of

and

good

practice,

stimulating

The Daphne II programme can bring added value by
identifying
by
encouraging innovation and by exchanging relevant
experience of actions undertaken in the Member States,
including an exchange of information relating to the
various laws, 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
a
and
multidisciplinary approach.

violence,

combat

context

the

of

in

frameworks

Since the objectives of the proposed action, namely to
forms of violence against
prevent and combat all
children,
be
and women cannot
young people
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
information,
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 Article 5 of the Treaty. 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.

training,

for

(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.

(15)

(16)

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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 for the exercise of implementing powers
conferred on the Commission (1).

preventive measures and by providing support for victims and
groups at risk, including in particular the prevention of future
exposure to violence. It further aims to assist and encourage
non governmental organisations and other organisations active
in this field.

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 of 6 May 1999 between the
European Parliament, the Council and the Commission
on budgetary discipline
the
budgetary procedure (2),
the budgetary authority
during the annual budgetary procedure,

and improvement of

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.

The actions to be implemented under the Daphne II

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

(a)

to promote transnational actions:

(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;

among

violence

awareness of
such as

targeted
(iii) to raise
audiences
specific professions, competent
authorities 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

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.

(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;

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

b)

Article 2

Programme objectives

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

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
the Council

the European Parliament and of

2003/429/EC of
(OJ L 147, 14.6.2003, p. 25).

studies,

such as

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

information obtained under

the

Article 3

Access to the programme

The Daphne II programme shall be open to participation
1.
by public or private organisations and institutions
(local
authorities at the competent 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
to encourage attitude and behaviour change
violence or
towards vulnerable groups and victims of violence.

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This programme shall also be open to the participation

2.
of:

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

16 April 2003;

(g) 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;

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

laid down in the EEA Agreement;

(h) dissemination of

the results obtained under

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

(c) Romania and Bulgaria,

for which the conditions

for
participation are to be laid down in accordance with the
respective European Agreements, the additional protocols
the respective Association
thereto and the decisions of
Councils;

(i)

identification and enhancement of actions contributing to
positive treatment of people at risk of violence, namely to
an approach which encourages
them and
promotes their well-being and self-fulfilment.

respect

for

(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).

Article 5

Funding

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.

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.

Article 4

Actions under the programme

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

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.

(a)

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

Funding decisions shall be followed by grant agreements

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

(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;

The

proportion

from the
4.
Community budget shall not exceed 80 % of the total cost of
the project.

financial

support

of

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

(e)

training and design of educational packages;

Article 6

(f) development

and

implementation

treatment
programmes and support for victims and people at risk on
the one hand, and perpetrators on the other hand, whilst
ensuring the safety of victims;

of

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

Implementation of the programme

The

Commission

1.
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.

responsible

shall

for

be

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The Commission shall ensure a balanced approach,

in
2.
respect of
the three target groups, namely children, young
people and women with regard to the implementation of this
programme.

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).

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

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.

Article 8

Monitoring and evaluation

At

the latest by 1 June 2006,

the Commission shall
2.
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.
include an ex ante evaluation in order to
This report shall
in parallel to the
support possible future action. Moreover,
presentation of the Preliminary Draft Budget for 2007, the
Commission shall forward to the budgetary authority the result
of the qualitative and quantitative evaluation of performance
against the annual implementation plan.

the budgetary procedure for 2007,

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

consistency of

the amount

the

On completion of

the Daphne II programme,

the
3.
to the European
Commission shall submit a final
Parliament and to the Council.
this report shall
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,

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.

Article 9

Entry into force

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

into force on the day of

its

Done at Strasbourg, 21 April 2004.

The Commission shall take all the measures necessary to
the
the general and
the specific

1.
ensure the monitoring and continuous evaluation of
Daphne II programme taking account of
specific objectives set out in Article 2 and of
objectives set out in the Annex.

For the European Parliament

For the Council

The President

P. COX

The President

D. ROCHE

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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.

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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.

the establishment and strengthening of multidisciplinary networks and to encourage and support
To support
cooperation 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.

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, such as children and young
people who witness domestic violence, on the one hand, and perpetrators on the other hand, 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;

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(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.

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)

(b)

(c)

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;

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;

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) establishing a help-desk to assist NGOs, especially those participating for the first time, to elaborate their

projects, to liaise with other partners and to use and benefit from the Daphne acquis;

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

f)

g)

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

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.