Common Position (EC) No 4/2007 of 5 March 2007 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 the adoption of a Decision of the European Parliament and of the Council establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice
Date: 2007-03-05
Institutions: Council of the European Union
Subjects: action programme, child, social policy, violence, woman, young person

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III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 4/2007

adopted by the Council on 5 March 2007

with a view to adopting Decision No …/…/EC of the European Parliament and of the Council of …
establishing for the period 2007-2013 a specific programme to prevent and combat violence against
children, young people and women and to protect victims and groups at risk (Daphne III
programme) as part of the General Programme ‘Fundamental Rights and Justice’

(2007/C 103 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, 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
Article 251 of the Treaty (3),

laid down in

Whereas:

(1)

(2)

(3)

The Treaty lays down that in the definition and imple-
mentation of all Community policies and activities a high
level of human health has to be ensured; Article 3(1)(p)
thereof requires Community action to include a contribu-
tion to the attainment of a high level of health protec-
tion.

Community action should complement national policies
directed towards
improving public health, obviating
sources of danger to human health.

Physical, sexual and psychological violence against chil-
including threats of
dren, young people and women,
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

(1) OJ C 69, 21.3.2006, p. 1.
(2) OJ C 192, 16.8.2006, p. 25.
(3) Opinion of the European Parliament of 5 September 2006 (not yet
published in the Official
Journal), Council Common Position of
5 March 2007 and Position of the European Parliament of 5 September
2006 (not yet published in the Official Journal).

physical and emotional integrity and a serious threat to
the physical and mental health of the victims of such
violence. Such violence, being so widespread throughout
the Community, constitutes a genuine violation of funda-
mental rights, a health scourge and an obstacle to the
enjoyment of safe, free and just citizenship.

The World Health Organisation (WHO) defines health as
a state of complete physical, mental and social well being
and not merely the absence of disease or infirmity.
According to a 1996 WHO Assembly resolution,
violence is a leading worldwide public health problem. In
its report on violence and health of 3 October 2002
WHO recommends promoting primary prevention
responses, strengthening responses for victims of violence
and increasing collaboration and exchange of information
on violence prevention.

These principles are recognised in numerous conventions,
declarations and protocols of
the main international
organisations and institutions such as the United Nations,
the International Labour Organisation (ILO) the World
Conference on Women and the World Congress against
Commercial Sexual Exploitation of Children.

The fight against violence should be placed within the
context of the protection of fundamental rights, as recog-
the
nised by the Charter of
European Union (4) and the accompanying explanations,
bearing in mind its status, which recognises, inter alia, the
includes a
right

to dignity, equality and solidarity.

fundamental

rights of

It

(4)

(5)

(6)

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

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number of specific articles relating to protection and
promotion of physical and mental integrity, equal treat-
ment for men and women, the rights of the child and
non-discrimination, as well as recognising the prohibition
of inhuman or degrading treatment, slavery and forced
labour, and child labour. It recognises that a high level of
human health protection is necessary in the definition
and implementation of all Community policies and activ-
ities.

to

and

inter alia,

draw up

implement

The Commission has been called upon by the European
action
Parliament
programmes to combat such violence,
in its
Resolutions of 19 May 2000 on the communication
from the Commission to the Council and the European
Parliament:
‘For further actions in the fight against traf-
ficking in women’ (1); of 20 September 2001 on female
genital mutilation (2); of 17 January 2006 on strategies to
prevent the trafficking of women and children who are
vulnerable to sexual exploitation (3); and of 2 February
2006 on the current situation in combating violence
against women and any future action (4).

The Community action programme 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 persons and women (5) has helped to
raise awareness within the European Union and to
increase and consolidate cooperation between organisa-
tions in the Member States active in combating violence.

The Community action programme set up by 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) (6) further developed the results
already achieved by the Daphne programme; according
to Article 8(2) of Decision No 803/2004/EC the
Commission shall take the necessary steps to ensure the
consistency of the annual appropriations with the new
financial perspectives.

is desirable to ensure continuity for

It
supported by the Daphne and Daphne II programmes.

the projects

It is important and necessary to recognise the serious
immediate and long-term implications of violence against
children, young people and women for their physical and
mental health and for
their psychological and social
development, as well as for the equal opportunities of
those concerned, for individuals, families and commu-

(7)

(8)

(9)

(10)

(11)

(1) OJ C 59, 23.2.2001, p. 307.
(2) OJ C 77 E, 28.3.2002, p. 126.
(3) OJ C 287 E, 24.11.2006, p. 75.
(4) OJ C 288 E, 25.11.2006, p. 66.
(5) OJ L 34, 9.2.2000, p. 1.
(6) OJ L 143, 30.4.2004, p. 1.

nities, and the high social and economic costs to society
as a whole.

(12)

Violence against women takes many forms ranging from
domestic violence, which is prevalent at all
levels of
society, to harmful traditional practices associated with
the exercise of physical violence against women, such as
genital mutilation and honour-related crimes, which
constitute a particular form of violence against women.

(13)

Children, young people or women who witness a near
relative being assaulted should be regarded as victims of
violence in accordance with the programme established
by this Decision (the programme).

(14) With regard to the prevention of violence,

including
abuse and sexual exploitation perpetrated against chil-
dren, young people and women and the protection of
victims and groups at risk, the European Union can bring
added value to the actions predominantly to be under-
taken by Member States by the following means: the
dissemination and exchange of information, experience
and good practices;
the promotion of an innovative
approach; the joint establishment of priorities; the devel-
opment of networking as appropriate; the selection of
Community-wide projects including projects supporting
free-phone child helplines and hotlines for missing and
sexually exploited children; the motivation and mobilisa-
tion of all parties concerned; and Europe-wide awareness-
raising campaigns against violence. These actions should
also encompass support for children, young people and
women who are victims of trafficking in human beings.

(15) As the root-causes and consequences of violence can
often be effectively addressed by local and regional orga-
nisations acting in cooperation with their counterparts
from other Member States, the programme should attach
due weight to the preventive measures and actions in
support of victims taking place at a local and regional
level.

(16)

Since the objectives of this Decision, namely to prevent
and combat all forms of violence against children, young
people and women, cannot be sufficiently achieved by
the Member States because of the need for an exchange
of information at the Community level and for the Com-
munity-wide dissemination of good practices, and can be
better achieved at Community level due to the need for a
coordinated and multidisciplinary approach and by
reason of the scale or impact of the programme, 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 proportion-
ality, as set out in that Article, this Decision does not go
beyond what is necessary in order to achieve those objec-
tives.

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(17)

(18)

This Decision lays down, for the entire duration of the
programme, a financial envelope constituting the prime
reference, within the meaning of point 37 of the Interin-
stitutional Agreement of 17 May 2006 between the Euro-
pean Parliament, the Council and the Commission on
budgetary discipline and sound financial management (1),
for the budgetary authority during the annual budgetary
procedure.

Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the European Communities (2),
the general budget of
hereinafter ‘the Financial Regulation’, and Commission
Regulation (EC, Euratom) No 2342/2002 (3) laying down
detailed rules for the implementation of Regulation (EC,
Euratom) No 1605/2002, which safeguard the Commu-
nity's financial interests, have to be applied, taking into
account the principles of simplicity and consistency in
the choice of budgetary instruments, a limitation on the
number of cases where the Commission retains direct
responsibility for their implementation and management,
and the required proportionality between the amount of
resources and the administrative burden related to their
use.

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope

1.
Building on the policies and objectives laid down in the
Daphne and Daphne II programmes, this Decision establishes a
specific programme to prevent and combat violence against
children, young people and women and to protect victims and
groups at risk (Daphne III programme), hereinafter referred to
as ‘the programme’, as part of the general programme ‘Funda-
mental Rights and Justice’, in order to contribute to a high level
of protection from violence so as to enhance the protection of
physical and mental health.

The programme shall cover the period from 1 January

2.
2007 to 31 December 2013.

3.
For the purposes of the programme, the term ‘children’
covers an age range of 0-18 years, in accordance with interna-
tional instruments concerning the rights of the child.

(19) Appropriate measures should also be taken to prevent
irregularities and fraud and the necessary steps should be
taken to recover funds lost, wrongly paid or incorrectly
used in accordance with Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the
protection of the European Communities' financial inter-
ests (4), Council Regulation (Euratom, EC) No 2185/96 of
11 November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to
protect
interests
against fraud and other irregularities (5) and Regulation
(EC) No 1073/1999 of the European Parliament and of
the Council of 25 May 1999 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) (6).

the European Communities'

financial

(20)

The Financial Regulation requires a basic act
provided to cover operating grants.

to be

(21)

(22)

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
implementing powers
the exercise of
conferred on the Commission (7).

The balanced participation of women and men in the
decision-making process is a key element in the achieve-
ment of substantive equality between women and men.
The Member States should,
therefore, use their best
endeavours to achieve a gender balance in the composi-
tion of the committee referred to in Article 10,

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(3) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

(4) OJ L 312, 23.12.1995, p. 1.
(5) OJ L 292, 15.11.1996, p. 2.
(6) OJ L 136, 31.5.1999, p. 1.
(7) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

However, projects with actions particularly designed for
4.
beneficiary groups such as,
(13 to
19 years old) or people from 12 to 25 years old, shall be
considered as targeting the category of ‘young people’.

for example,

‘teenagers’

Article 2

General objectives

1.
The aim of the programme shall be to contribute to the
protection of children, young people and women against all
forms of violence and to attain a high level of health protection,
well-being and social cohesion.

2. Without prejudice to the objectives and powers of the
European Community, the general objectives of the programme
shall contribute, especially where it concerns children, young
people and women, to the development of Community policies,
and more specifically to those related to public health, human
rights and gender equality, as well as to actions aimed at protec-
tion of children's rights, and the fight against trafficking in
human beings and sexual exploitation.

Article 3

Specific objective

The programme shall have the specific objective of contributing
to the prevention of, and the fight against, all forms of violence
occurring in the public or the private domain against children,
young people and women,
including sexual exploitation and
trafficking in human beings, by taking preventive measures and
by providing support and protection for victims and groups at
risk. This shall be achieved by means of the following transna-
tional actions, or other
types of actions as referred to in
Article 4:

(a) assisting and encouraging non-governmental organisations
(NGOs) and other organisations active in this field, as
referred to in Article 7;

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(b) developing and implementing awareness-raising actions
targeting specific audiences, such as specific professions,
competent authorities,
the general
public and groups at risk, with a view both to improving
understanding of and promoting the adoption of zero toler-
for
ance towards violence, and to encouraging support
victims and the reporting of incidences of violence to the
competent authorities;

identified sectors of

(c) disseminating the results obtained under the Daphne and
Daphne II programmes, including their adaptation, transfer
and use by other beneficiaries or in other geographical
areas;

(d) identifying and enhancing actions contributing to positive
treatment of people at risk of violence, namely following an
approach that encourages respect for them and promotes
their well-being and self-fulfilment;

(e) setting up and supporting multidisciplinary networks with a
view to strengthening cooperation between NGOs and other
organisations active in this field;

(f) ensuring the expansion of evidence-based information and
the knowledge base, the exchange, identification and disse-
mination of
including
through research, training, study visits and staff exchange;

information and good practice,

(g) designing and testing awareness-raising and educational
materials regarding the prevention of violence against chil-
dren, young people and women, and supplementing and
adapting those already available for use in other geogra-
phical areas or for other target groups;

(h) studying phenomena related to violence and its impact,
both on victims and on society as a whole, including the
health-care, social and economic costs, in order to address
the root causes of violence at all levels of society;

(i) developing and implementing support programmes

for
victims and people at risk and intervention programmes for
perpetrators, whilst ensuring the safety of victims.

Article 4

Types of actions

in Articles 2 and 3,

With a view to pursuing the general and specific objectives set
the
out
following types of actions, under the conditions set out in the
annual work programmes:

the programme shall support

(a) specific actions taken by the Commission, such as studies
and research, opinion polls and surveys, development of
indicators and methodologies, collection, development and
dissemination of data and statistics, seminars, conferences
and experts meetings, organisation of public campaigns and
events, development and maintenance of a helpdesk service
and websites, preparation and dissemination of information

materials (including IT applications and training resources),
establishment and facilitation of a stakeholder think-tank
providing expert advice related to violence, support to other
networks of national experts, and analytical, monitoring and
evaluation activities;

(b) specific transnational projects of Community interest invol-
ving at least two Member States under the conditions set
out in the annual work programmes;

(c) support to the activities of NGOs or other organisations,
pursuing an aim of general European interest regarding the
general objectives of the programme set out in Article 2
under
annual work
set out
programmes.

conditions

in the

the

Article 5

Participation of third countries

The following countries may participate in the actions of the
programme:

(a) countries with which the European Union has signed a

Treaty of Accession;

(b) candidate countries benefiting from a pre-accession strategy,
in accordance with the general principles and the general
terms and conditions for the participation of those countries
in Community programmes laid down, respectively, by the
framework agreement and by decisions of the Association
Councils;

(c) EFTA States that are parties to the EEA Agreement,

in

accordance with the provisions of that Agreement;

(d) the countries of the western Balkans, in accordance with the
arrangements to be established with those countries under
the framework agreements on the general principles for
their participation in Community programmes.

Projects may associate candidate countries not participating in
the programme where this would contribute to their prepara-
tion for accession, or other third countries not participating in
the programme where it serves the aim of the projects.

Article 6

Beneficiary and target groups

The programme shall benefit children, young people and

1.
women who are, or risk becoming, victims of violence.

The main target groups of the programme shall be, inter
2.
alia,
teachers and educational staff, social workers,
families,
police and border guards, local, national and military authori-
judicial staff, NGOs, trade
ties, medical and paramedical staff,
unions and religious communities.

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Article 7

Access to the programme

level, university departments

Access to the programme shall be open to private or public
organisations and institutions (local authorities at the appro-
priate
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 implement targeted actions to
promote rejection of such violence or to encourage attitude and
behaviour change towards vulnerable groups and victims of
violence.

Article 8

Types of intervention

1.

Community funding may take the following legal forms:

— grants,

— public procurement contracts.

2.
Community grants shall be awarded following considera-
tion of applications arising from calls for proposals, save in duly
substantiated exceptional cases of urgency or where the charac-
teristics of the beneficiary leave no other choice for a given
action. Community grants shall be provided through operating
grants and grants to actions. The maximum rate of co-financing
shall be specified in the annual work programmes.

Furthermore, expenditure may be made available for
3.
procurement
through
complementary measures,
contracts,
in which case Community funds shall cover the
purchase of services and goods, directly related to the aims of
the programme. This shall cover, inter alia, expenditure on infor-
mation and communication, preparation,
implementation,
monitoring, checking and evaluation of projects, policies,
programmes and legislation.

public

Article 9

Implementing measures

The Commission shall implement the Community assis-

1.
tance in accordance with the Financial Regulation.

To implement

the programme,

specific objectives,

2.
the Commission shall,
within the limits of the general objectives of the programme set
out in Article 2, adopt an annual work programme specifying
its
thematic priorities, a description of
accompanying measures envisaged in Article 8 and if necessary
a list of other actions. The annual work programme shall estab-
lish the minimum percentage of annual expenditure to be
awarded to grants.

The annual work programme shall be adopted in accord-
to in

the management procedure

referred

3.
ance with
Article 10(2).

The measures necessary for the implementation of this
4.
Decision in relation to all other matters shall be adopted in
accordance with the
referred to in
Article 10(3).

advisory procedure

The evaluation and award procedures relating to grants to

5.
actions shall take into account, inter alia, the following criteria:

(a) the general and specific objectives as specified in Articles 2
and 3 and measures taken in the different areas as specified
in Article 3 and conformity with the annual work
programme;

(b) the quality of the proposed action regarding its conception,

organisation, presentation and expected results;

(c) the amount requested for Community financing and its cost

effectiveness as to expected results;

(d) the impact of

the expected results on the general and
specific objectives of the programme defined in Articles 2
and 3 and on measures taken in the different areas as speci-
fied in Article 3;

(e) innovation.

The applications

6.
Article 4(c), shall be assessed in the light of:

for operating grants,

referred to in

(a) consistency with the programme objectives;

(b) quality of the planned activities;

(c) likely multiplier effect on the public of these activities;

(d) geographic impact of the activities carried out;

(e) citizen involvement

in the organisation of

the bodies

concerned;

(f) cost effectiveness ratio of the activity proposed.

Article 10

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.

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Article 11

Complementarity

Synergies and complementarity with other Community
1.
instruments will be sought, particularly the general programmes
‘Security and Safeguarding Liberties’ and ‘Solidarity and Manage-
ment of Migration Flows’, the Seventh Research and Develop-
ment Framework Programme as well as the programmes on
and Social Solidarity —
health protection,
Progress’ and ‘Safer Internet Plus’. Complementarity will also be
sought with the European Institute for Gender Equality. The
statistical element of information on violence will be developed
in collaboration with Member States, using as necessary the
Community Statistical Programme.

‘Employment

in particular

2.
The programme may share resources with other Com-
munity instruments,
the general programmes
‘Solidarity and Manage-
‘Security and Safeguarding Liberties’,
ment of Migration Flows’ and the Seventh Research and Devel-
opment Framework Programme in order to implement actions
meeting the objectives of all the programmes.

3.
Operations financed under this Decision shall not receive
assistance for the same purpose from other Community finan-
cial instruments. The Commission shall ensure that the benefici-
aries of the programme provide the Commission with informa-
tion about funding received from the general budget of the
European Union and from other sources, as well as information
about ongoing applications for funding.

Article 12

Funding

1.
this
The financial envelope for the implementation of
Decision is set at EUR 116,85 million for the period set out in
Article 1.

for

The allocations

the actions provided for

2.
in the
programme shall be entered in the annual appropriations of the
general budget of the European Union. The available annual
appropriations shall be authorised by the budgetary authority
within the limits of the financial framework.

necessary by means of on-the-spot checks,
checks, and audits by the Court of Auditors.

including sample

3.
For a period of five years following the last payment in
respect of any action, the Commission shall require that the
beneficiary of
the
Commission all the supporting documents regarding expendi-
ture on the action.

financial assistance keeps available for

4.
On the basis of the results of the reports and sample
checks referred to in paragraphs 1 and 2, the Commission shall,
if necessary, adjust the scale or the conditions of allocation of
the financial assistance originally approved and also the time-
table for payments.

5.
The Commission shall take every other step necessary to
verify that the actions financed are carried out properly and in
compliance with the provisions of this Decision and the Finan-
cial Regulation.

Article 14

Protection of Community financial interests

1.
The Commission shall ensure that, when actions financed
under this Decision are implemented, the financial interests of
the Community are protected by the application of preventive
measures against fraud, corruption and any other illegal activ-
ities, by effective checks and by the recovery of the amounts
unduly paid and,
irregularities are detected, by effective,
proportional and dissuasive penalties, in accordance with Regu-
lation (EC, Euratom) No 2988/95, Regulation (Euratom, EC)
No 2185/96, and with Regulation (EC) No 1073/1999.

if

For

under

actions

financed

the Community

2.
the
programme, Regulation (EC, Euratom) No 2988/95 and Regu-
lation (Euratom, EC) No 2185/96 shall apply to any infringe-
ment of a provision of Community law, including infringements
of a contractual obligation stipulated on the basis of
the
programme, resulting from an act or omission by an economic
operator, which has, or would have, the effect of prejudicing the
the European Union or budgets managed
general budget of
thereunder by an unjustified item of expenditure.

Article 13

Monitoring

For any action financed by the programme, the Commis-
1.
sion shall ensure that the beneficiary submits technical and
financial reports on the progress of work. A final report shall
also be submitted within three months of the completion of the
action. The Commission shall determine the form and content
of the reports.

2.
The Commission shall ensure that the contracts and agree-
ments resulting from the implementation of the programme
will provide in particular for supervision and financial control
by the Commission (or any representative authorised by it), if

3.
The Commission shall reduce, suspend or recover the
amount of financial assistance granted for an action if it finds
irregularities, including non-compliance with the provisions of
this Decision or the individual decision or the contract or agree-
ment granting the financial support in question, or if it tran-
spires that, without Commission approval having being sought,
the action has been subjected to a change which conflicts with
the nature or implementing conditions of the project.

If the time limits have not been observed or if only part
4.
of the allocated financial assistance is justified by the progress
made with implementing an action,
the Commission shall
request the beneficiary to submit observations within a specified
period. If the beneficiary does not give a satisfactory answer, the
Commission may cancel the remaining financial assistance and
demand repayment of sums already paid.

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Any undue payment shall be repaid to the Commission.
5.
Interest shall be added to any sums not repaid in good time
under the conditions laid down by the Financial Regulation.

Article 16

Publication of projects

Article 15

Evaluation

The Commission shall annually publish a list of the projects
financed under the programme together with a brief description
of each project.

Article 17

Transitional measures

The programme will be monitored regularly in order to

1.
follow the implementation of activities carried out thereunder.

Decision No 803/2004/EC is hereby
commenced pursuant
governed by it, until their completion.

repealed. Actions
to that Decision shall continue to be

The Commission shall ensure the regular,

2.
external evaluation of the programme.

independent,

The Commission shall submit to the European Parliament

3.
and the Council:

(a) an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation of
the programme not later than 31 March 2011 accompanied
by a list of the projects and measures financed;

(b) a communication on the continuation of the programme

not later than 31 May 2012;

(c) an ex-post evaluation report, on the implementation and
later than 31 December

the programme not

results of
2014.

Article 18

Entry into force

This Decision shall enter into force on the day following its
publication in the Official Journal of the European Union.

It shall apply from …

Done at Brussels,

For the European Parliament

The President

…

For the Council

The President

…

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 13 April 2005, the Commission submitted to the Council, on the basis of Article 152 of the Treaty,
a proposal for a Decision of the European Parliament and of the Council establishing for the period
2007-2013 the specific programme ‘Fight against violence (Daphne) and drugs prevention and informa-
tion’ as part of the general programme ‘Fundamental Rights and Justice’.

However, in response to the views expressed by the Council's Ad Hoc Working Party on Fundamental
Rights and Citizenship in January 2006 and the wish of the Women's Rights Committee of the Euro-
pean Parliament
the
Commission, on 24 May 2006, presented an amended proposal establishing two specific programmes.

to separate the Daphne programme from the drugs prevention programme,

The European Economic and Social Committee delivered its opinion on 19 January 2006.

The Committee of the Regions delivered its opinion on 16 February 2006.

The European Parliament delivered its opinion on 5 September 2006 (first reading).

The Council adopted a Common Position on 5 March 2007 in accordance with the procedure laid
down in Article 251 of the Treaty.

II. OBJECTIVE

This Decision establishes a seven-year programme running from 1 January 2007 to 31 December 2013
to prevent and combat violence against children, young people and women and to protect victims and
groups at risk (Daphne III). It is part of the general programme ‘Fundamental Rights and Justice’ and
builds on the policies and objectives laid down in the first Daphne programme and the Daphne II
programme.

The specific objectives of the programme are aimed at preventing and fighting all forms of violence,
including sexual exploitation and trafficking in human beings, occurring in the public or private
domain. To achieve these objectives, the programme has an overall budget of EUR 116,85 million,
which represents a considerable increase compared to the Daphne II programme which had
EUR 50 million for a five-year period.

III. ANALYSIS OF THE COMMON POSITION

1. General observations

The Common Position was agreed on the basis of informal tripartite negotiations, following a series
of meetings between the Presidency in office, the co-rapporteurs and shadow rapporteurs, and the
representatives of the Commission. On 1 December 2006, the EPSCO Council reached political
agreement on this text and, as part of the compromise agreement with the Parliament, agreed on a
statement from the Council and the European Parliament inviting the Commission to consider the
possibility of an initiative for a European Year to combat violence against children, young people
and women (1).

2. The European Parliament's amendments

In its first reading on 5 September 2006, the European Parliament adopted 53 amendments.

2.1 European Parliament's amendment accepted by the Council

In its common position, the Council took into account 32 amendments. Out of these, the Council:

— accepted seven amendments in full, as did the Commission in its amended proposal. These were

amendments 6, 13, 22, 25, 30, 50 and 65.

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— accepted 17 amendments in principle or in part, mainly following the approach taken by the

Commission (Nos. 3, 5, 15, 23, 27, 29, 31, 34, 38, 39, 43, 45, 46, 55, 56, 61, 66);

— reached a compromise with the Parliament on eight other amendments (Nos. 4, 32, 33, 35, 70,

59, 63, 64).

2.2 European Parliament's amendments not acceptable to the Council

The Council did not accept 19 amendments for the reasons explained by the Commission in its
amended proposal (Nos. 14, 17 and 67, 18, 19, 24, 26, 36, 37, 40, 41, 68, 42, 44, 51, 53, 54, 58,
60 and 74).

The Council also could not accept amendments 20 and 69 and 72 relating to the European
Network of Ombudspeople for Children (ENOC) as it preferred all organisations wishing to benefit
from an operating grant to be treated equally. The Council therefore also deleted recital 13 and Arti-
cles 4(d) and 9(6) of the Commission's amended proposal which mentioned one specific organisa-
tion.

3. Other changes made by the Council

In adopting its Common Position, the Council made a number of other changes to the Commis-
sion's amended proposal, many of which are purely technical modifications. The other main
changes relate to the following:

Recital 13: the recital in the Commission's amended proposal was deleted as the Council did not
accept amendment 20, but it was replaced by a reference to the role that could be played by local
and regional organisations in combating the root-causes and consequences of violence.

Article 2 (General objectives): the Council preferred to focus directly on the question of protecting
children, young people and women against all forms of violence rather than mentioning the
broader objective of setting up an area of freedom, security and justice.

Article 3 (Specific objective): for the sake of clarity, the Council changed the structure of this article,
so that there is only one specific objective, followed by a list of the various transnational actions.

Article 4(b) (Types of actions): the Council preferred to revert to the situation in Daphne II where, to
be eligible for funding under the programme, transnational projects of Community interest had to
involve at least two, rather than three, Member States.

Article 5 (Participation of third countries): the structure has been changed to reflect the formula
recently used in Decision 771/2006/EC on the European Year of Equal Opportunities for All
(2007) (1).

Article 6 (Beneficiary and target groups): The Council changed the Commission's proposal to make a
distinction between the beneficiaries of the programme (children, young people and women who
are, or who risk becoming, victims of violence) and the main target groups of the programme, such
as families, teachers, social workers, and non-governmental organisations, etc.

Article 9(2) (Implementing measures): In order to ensure that a sufficient proportion of the budget
would be used to finance transnational projects, paragraph 2 now stipulates that the annual work
programme will establish the minimum percentage of annual expenditure to be awarded to grants.

Article 9(3 and 3a) (Implementing measures) and Article 10 (Committee): the Council preferred to
revert to the mixed comitology procedure which was used in the Daphne II programme, whereby
the annual work programme is adopted in accordance with the management committee procedure
and other measures necessary for the implementation of the Decision are adopted using the advi-
sory committee procedure.

Article 11 (Complementarity): the Council considered it appropriate to insert a reference to the
recently adopted Community Programme for Employment and Social Solidarity — Progress (2).

(1) OJ L 146, 31.5.2006, p. 1.
(2) OJ L 315, 15.11.2006, p. 1.

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Article 13(3) (Monitoring): the anti-fraud provisions in paragraph three were replaced by a standard
recital (17a) referring to various Council Regulations concerning the protection of the Communities'
financial
interests and on-the-spot checks and inspections, and the European Parliament and
Council Regulation concerning investigations conducted by the European Anti-Fraud Office.

It should also be noted that a number of other technical changes were made to the final text in the
course of the normal legal/linguistic procedure between the two institutions.

IV. CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives
of the Commission's amended proposal and considers that a good compromise has been reached with
the European Parliament in the course of the informal negotiations.