Common position 4/2007 with a view to adopting Decision 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»

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- physical and emotional integrity and a serious threat to

PEAN UNION, the physical and mental health of the victims of such

violence. Such violence, being so widespread throughout

Having regard to the Treaty establishing the European Com- the Community, constitutes a genuine violation of funda-

munity, and in particular Article 152 thereof, mental rights, a health scourge and an obstacle to the

enjoyment of safe, free and just citizenship.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and

Social Committee (1), (4) The World Health Organisation (WHO) defines health as

Having regard to the opinion of the Committee of the a state of complete physical, mental and social well being

Regions (2), and not merely the absence of disease or infirmity.

According to a 1996 WHO Assembly resolution,

Acting in accordance with the procedure laid down in violence is a leading worldwide public health problem. In

Article 251 of the Treaty (3), its report on violence and health of 3 October 2002

WHO recommends promoting primary prevention

Whereas: responses, strengthening responses for victims of violence

and increasing collaboration and exchange of information

(1) The Treaty lays down that in the definition and imple- on violence prevention.

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. (5) These principles are recognised in numerous conventions,

declarations and protocols of the main international

(2) Community action should complement national policies organisations and institutions such as the United Nations,

directed towards improving public health, obviating the International Labour Organisation (ILO) the World

sources of danger to human health. Conference on Women and the World Congress against

Commercial Sexual Exploitation of Children.

(3) Physical, sexual and psychological violence against chil-

dren, young people and women, including threats of

such acts, coercion or arbitrary deprivation of liberty,

whether occurring in public or private life, constitute a (6) The fight against violence should be placed within the

breach of their right to life, safety, freedom, dignity and context of the protection of fundamental rights, as recog-

nised by the Charter of fundamental rights of the

(1) OJ C 69, 21.3.2006, p. 1. European Union (4) and the accompanying explanations,

(2) OJ C 192, 16.8.2006, p. 25. bearing in mind its status, which recognises, inter alia, the

(3) Opinion of the European Parliament of 5 September 2006 (not yet right to dignity, equality and solidarity. It includes a

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

C 103E/2 EN Official Journal of the European Union 8.5.2007

number of specific articles relating to protection and nities, and the high social and economic costs to society

promotion of physical and mental integrity, equal treat- as a whole.

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 (12) Violence against women takes many forms ranging from

and implementation of all Community policies and activ- domestic violence, which is prevalent at all levels of

ities. 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.

(7) The Commission has been called upon by the European

Parliament to draw up and implement action

programmes to combat such violence, inter alia, in its

Resolutions of 19 May 2000 on the communication

from the Commission to the Council and the European (13) Children, young people or women who witness a near

Parliament: `For further actions in the fight against traf- relative being assaulted should be regarded as victims of

ficking in women' (1); of 20 September 2001 on female violence in accordance with the programme established

genital mutilation (2); of 17 January 2006 on strategies to by this Decision (the programme).

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). (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

(8) The Community action programme set up by Decision victims and groups at risk, the European Union can bring

No 293/2000/EC of the European Parliament and of the added value to the actions predominantly to be under-

Council of 24 January 2000 adopting a programme of taken by Member States by the following means: the

Community action (the Daphne programme) (2000 to dissemination and exchange of information, experience

2003) on preventive measures to fight violence against and good practices; the promotion of an innovative

children, young persons and women (5) has helped to approach; the joint establishment of priorities; the devel-

raise awareness within the European Union and to opment of networking as appropriate; the selection of

increase and consolidate cooperation between organisa- Community-wide projects including projects supporting

tions in the Member States active in combating violence. 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

(9) The Community action programme set up by Decision also encompass support for children, young people and

No 803/2004/EC of the European Parliament and of the women who are victims of trafficking in human beings.

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 (15) As the root-causes and consequences of violence can

already achieved by the Daphne programme; according often be effectively addressed by local and regional orga-

to Article 8(2) of Decision No 803/2004/EC the nisations acting in cooperation with their counterparts

Commission shall take the necessary steps to ensure the from other Member States, the programme should attach

consistency of the annual appropriations with the new due weight to the preventive measures and actions in

financial perspectives. support of victims taking place at a local and regional

level.

(10) It is desirable to ensure continuity for the projects

supported by the Daphne and Daphne II programmes. (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

(11) It is important and necessary to recognise the serious the Member States because of the need for an exchange

immediate and long-term implications of violence against of information at the Community level and for the Com-

children, young people and women for their physical and munity-wide dissemination of good practices, and can be

mental health and for their psychological and social better achieved at Community level due to the need for a

development, as well as for the equal opportunities of coordinated and multidisciplinary approach and by

those concerned, for individuals, families and commu- reason of the scale or impact of the programme, the

Community may adopt measures, in accordance with the

(1) OJ C 59, 23.2.2001, p. 307. principle of subsidiarity as set out in Article 5 of the

(2) OJ C 77 E, 28.3.2002, p. 126. Treaty. In accordance with the principle of proportion-

(3) OJ C 287 E, 24.11.2006, p. 75. ality, as set out in that Article, this Decision does not go

(4) OJ C 288 E, 25.11.2006, p. 66.

(5) OJ L 34, 9.2.2000, p. 1. beyond what is necessary in order to achieve those objec-

(6) OJ L 143, 30.4.2004, p. 1. tives.

8.5.2007 EN Official Journal of the European Union C 103E/3

(17) This Decision lays down, for the entire duration of the HAVE DECIDED AS FOLLOWS:

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- Article 1

pean Parliament, the Council and the Commission on

budgetary discipline and sound financial management (1), Subject matter and scope

for the budgetary authority during the annual budgetary

procedure. 1. Building on the policies and objectives laid down in the

Daphne and Daphne II programmes, this Decision establishes a

(18) Council Regulation (EC, Euratom) No 1605/2002 of specific programme to prevent and combat violence against

25 June 2002 on the Financial Regulation applicable to children, young people and women and to protect victims and

the general budget of the European Communities (2), groups at risk (Daphne III programme), hereinafter referred to

hereinafter `the Financial Regulation', and Commission as `the programme', as part of the general programme `Funda-

Regulation (EC, Euratom) No 2342/2002 (3) laying down mental Rights and Justice', in order to contribute to a high level

detailed rules for the implementation of Regulation (EC, of protection from violence so as to enhance the protection of

Euratom) No 1605/2002, which safeguard the Commu- physical and mental health.

nity's financial interests, have to be applied, taking into

account the principles of simplicity and consistency in 2. The programme shall cover the period from 1 January

the choice of budgetary instruments, a limitation on the 2007 to 31 December 2013.

number of cases where the Commission retains direct

responsibility for their implementation and management, 3. For the purposes of the programme, the term `children'

and the required proportionality between the amount of covers an age range of 0-18 years, in accordance with interna-

resources and the administrative burden related to their tional instruments concerning the rights of the child.

use.

4. However, projects with actions particularly designed for

(19) Appropriate measures should also be taken to prevent beneficiary groups such as, for example, `teenagers' (13 to

irregularities and fraud and the necessary steps should be 19 years old) or people from 12 to 25 years old, shall be

taken to recover funds lost, wrongly paid or incorrectly considered as targeting the category of `young people'.

used in accordance with Council Regulation (EC,

Euratom) No 2988/95 of 18 December 1995 on the

protection of the European Communities' financial inter- Article 2

ests (4), Council Regulation (Euratom, EC) No 2185/96 of

11 November 1996 concerning on-the-spot checks and General objectives

inspections carried out by the Commission in order to

protect the European Communities' financial interests 1. The aim of the programme shall be to contribute to the

against fraud and other irregularities (5) and Regulation protection of children, young people and women against all

(EC) No 1073/1999 of the European Parliament and of forms of violence and to attain a high level of health protection,

the Council of 25 May 1999 concerning investigations well-being and social cohesion.

conducted by the European Anti-Fraud Office (OLAF) (6).

2. Without prejudice to the objectives and powers of the

(20) The Financial Regulation requires a basic act to be European Community, the general objectives of the programme

provided to cover operating grants. 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

(21) The measures necessary for the implementation of this rights and gender equality, as well as to actions aimed at protec-

Decision should be adopted in accordance with Council tion of children's rights, and the fight against trafficking in

Decision 1999/468/EC of 28 June 1999 laying down the human beings and sexual exploitation.

procedures for the exercise of implementing powers

conferred on the Commission (7).

Article 3

(22) The balanced participation of women and men in the

decision-making process is a key element in the achieve- Specific objective

ment of substantive equality between women and men.

The Member States should, therefore, use their best The programme shall have the specific objective of contributing

endeavours to achieve a gender balance in the composi- to the prevention of, and the fight against, all forms of violence

tion of the committee referred to in Article 10, 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

(1) OJ C 139, 14.6.2006, p. 1.

(2) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation by providing support and protection for victims and groups at

(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). risk. This shall be achieved by means of the following transna-

(3) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation tional actions, or other types of actions as referred to in

(EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3). Article 4:

(4) OJ L 312, 23.12.1995, p. 1.

(5) OJ L 292, 15.11.1996, p. 2. (a) assisting and encouraging non-governmental organisations

(6) OJ L 136, 31.5.1999, p. 1.

(7) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision (NGOs) and other organisations active in this field, as

2006/512/EC (OJ L 200, 22.7.2006, p. 11). referred to in Article 7;

C 103E/4 EN Official Journal of the European Union 8.5.2007

(b) developing and implementing awareness-raising actions materials (including IT applications and training resources),

targeting specific audiences, such as specific professions, establishment and facilitation of a stakeholder think-tank

competent authorities, identified sectors of the general providing expert advice related to violence, support to other

public and groups at risk, with a view both to improving networks of national experts, and analytical, monitoring and

understanding of and promoting the adoption of zero toler- evaluation activities;

ance towards violence, and to encouraging support for

victims and the reporting of incidences of violence to the (b) specific transnational projects of Community interest invol-

competent authorities; ving at least two Member States under the conditions set

out in the annual work programmes;

Daphne II programmes, including their adaptation, transfer (c) support to the activities of NGOs or other organisations,

and use by other beneficiaries or in other geographical pursuing an aim of general European interest regarding the

areas; general objectives of the programme set out in Article 2

under the conditions set out in the annual work

(d) identifying and enhancing actions contributing to positive programmes.

treatment of people at risk of violence, namely following an

approach that encourages respect for them and promotes

their well-being and self-fulfilment; Article 5

(e) setting up and supporting multidisciplinary networks with a

view to strengthening cooperation between NGOs and other Participation of third countries

organisations active in this field;

The following countries may participate in the actions of the

(f) ensuring the expansion of evidence-based information and programme:

the knowledge base, the exchange, identification and disse-

mination of information and good practice, including (a) countries with which the European Union has signed a

through research, training, study visits and staff exchange; Treaty of Accession;

(g) designing and testing awareness-raising and educational (b) candidate countries benefiting from a pre-accession strategy,

materials regarding the prevention of violence against chil- in accordance with the general principles and the general

dren, young people and women, and supplementing and terms and conditions for the participation of those countries

adapting those already available for use in other geogra- in Community programmes laid down, respectively, by the

phical areas or for other target groups; framework agreement and by decisions of the Association

Councils;

(h) studying phenomena related to violence and its impact,

both on victims and on society as a whole, including the (c) EFTA States that are parties to the EEA Agreement, in

health-care, social and economic costs, in order to address accordance with the provisions of that Agreement;

the root causes of violence at all levels of society;

(d) the countries of the western Balkans, in accordance with the

(i) developing and implementing support programmes for arrangements to be established with those countries under

victims and people at risk and intervention programmes for the framework agreements on the general principles for

perpetrators, whilst ensuring the safety of victims. 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

Article 4 the programme where it serves the aim of the projects.

Types of actions

Article 6

With a view to pursuing the general and specific objectives set

out in Articles 2 and 3, the programme shall support the Beneficiary and target groups

following types of actions, under the conditions set out in the

annual work programmes: 1. The programme shall benefit children, young people and

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

(a) specific actions taken by the Commission, such as studies

and research, opinion polls and surveys, development of

indicators and methodologies, collection, development and 2. The main target groups of the programme shall be, inter

dissemination of data and statistics, seminars, conferences alia, families, teachers and educational staff, social workers,

and experts meetings, organisation of public campaigns and police and border guards, local, national and military authori-

events, development and maintenance of a helpdesk service ties, medical and paramedical staff, judicial staff, NGOs, trade

and websites, preparation and dissemination of information unions and religious communities.

8.5.2007 EN Official Journal of the European Union C 103E/5

Article 7 3. The annual work programme shall be adopted in accord-

ance with the management procedure referred to in

Article 10(2).

Access to the programme

4. The measures necessary for the implementation of this

Access to the programme shall be open to private or public Decision in relation to all other matters shall be adopted in

organisations and institutions (local authorities at the appro- accordance with the advisory procedure referred to in

priate level, university departments and research centres) Article 10(3).

working to prevent and combat violence against children, young

people and women or to protect against such violence or to 5. The evaluation and award procedures relating to grants to

provide support for victims or to implement targeted actions to actions shall take into account, inter alia, the following criteria:

promote rejection of such violence or to encourage attitude and

behaviour change towards vulnerable groups and victims of (a) the general and specific objectives as specified in Articles 2

violence. and 3 and measures taken in the different areas as specified

in Article 3 and conformity with the annual work

programme;

Article 8 (b) the quality of the proposed action regarding its conception,

organisation, presentation and expected results;

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

effectiveness as to expected results;

1. Community funding may take the following legal forms: (d) the impact of the expected results on the general and

specific objectives of the programme defined in Articles 2

- grants, and 3 and on measures taken in the different areas as speci-

fied in Article 3;

- public procurement contracts. (e) innovation.

2. Community grants shall be awarded following considera- 6. The applications for operating grants, referred to in

tion of applications arising from calls for proposals, save in duly Article 4(c), shall be assessed in the light of:

substantiated exceptional cases of urgency or where the charac-

teristics of the beneficiary leave no other choice for a given (a) consistency with the programme objectives;

action. Community grants shall be provided through operating

grants and grants to actions. The maximum rate of co-financing (b) quality of the planned activities;

shall be specified in the annual work programmes.

3. Furthermore, expenditure may be made available for (d) geographic impact of the activities carried out;

complementary measures, through public procurement

contracts, in which case Community funds shall cover the (e) citizen involvement in the organisation of the bodies

purchase of services and goods, directly related to the aims of concerned;

the programme. This shall cover, inter alia, expenditure on infor-

mation and communication, preparation, implementation, (f) cost effectiveness ratio of the activity proposed.

monitoring, checking and evaluation of projects, policies,

programmes and legislation.

Article 10

Committee

Article 9

1. The Commission shall be assisted by a committee.

Implementing measures

2. Where reference is made to this paragraph, Articles 4 and

1. The Commission shall implement the Community assis- 7 of Decision 1999/468/EC shall apply, having regard to the

tance in accordance with the Financial Regulation. provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC

2. To implement the programme, the Commission shall, shall be set at two months.

within the limits of the general objectives of the programme set

out in Article 2, adopt an annual work programme specifying

its specific objectives, thematic priorities, a description of 3. Where reference is made to this paragraph, Articles 3 and

accompanying measures envisaged in Article 8 and if necessary 7 of Decision 1999/468/EC shall apply, having regard to the

a list of other actions. The annual work programme shall estab- provisions of Article 8 thereof.

lish the minimum percentage of annual expenditure to be

awarded to grants. 4. The committee shall adopt its rules of procedure.

C 103E/6 EN Official Journal of the European Union 8.5.2007

Article 11 necessary by means of on-the-spot checks, including sample

checks, and audits by the Court of Auditors.

Complementarity

3. For a period of five years following the last payment in

1. Synergies and complementarity with other Community respect of any action, the Commission shall require that the

instruments will be sought, particularly the general programmes beneficiary of financial assistance keeps available for the

`Security and Safeguarding Liberties' and `Solidarity and Manage- Commission all the supporting documents regarding expendi-

ment of Migration Flows', the Seventh Research and Develop- ture on the action.

ment Framework Programme as well as the programmes on

health protection, `Employment and Social Solidarity -

Progress' and `Safer Internet Plus'. Complementarity will also be 4. On the basis of the results of the reports and sample

sought with the European Institute for Gender Equality. The checks referred to in paragraphs 1 and 2, the Commission shall,

statistical element of information on violence will be developed if necessary, adjust the scale or the conditions of allocation of

in collaboration with Member States, using as necessary the the financial assistance originally approved and also the time-

Community Statistical Programme. table for payments.

2. The programme may share resources with other Com- 5. The Commission shall take every other step necessary to

munity instruments, in particular the general programmes verify that the actions financed are carried out properly and in

`Security and Safeguarding Liberties', `Solidarity and Manage- compliance with the provisions of this Decision and the Finan-

ment of Migration Flows' and the Seventh Research and Devel- cial Regulation.

opment Framework Programme in order to implement actions

meeting the objectives of all the programmes.

3. Operations financed under this Decision shall not receive Article 14

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- Protection of Community financial interests

tion about funding received from the general budget of the

European Union and from other sources, as well as information 1. The Commission shall ensure that, when actions financed

about ongoing applications for funding. 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

Article 12 unduly paid and, if irregularities are detected, by effective,

proportional and dissuasive penalties, in accordance with Regu-

Funding lation (EC, Euratom) No 2988/95, Regulation (Euratom, EC)

No 2185/96, and with Regulation (EC) No 1073/1999.

1. The financial envelope for the implementation of this

Decision is set at EUR 116,85 million for the period set out in 2. For the Community actions financed under the

Article 1. programme, Regulation (EC, Euratom) No 2988/95 and Regu-

lation (Euratom, EC) No 2185/96 shall apply to any infringe-

2. The allocations for the actions provided for in the ment of a provision of Community law, including infringements

programme shall be entered in the annual appropriations of the of a contractual obligation stipulated on the basis of the

general budget of the European Union. The available annual programme, resulting from an act or omission by an economic

appropriations shall be authorised by the budgetary authority operator, which has, or would have, the effect of prejudicing the

within the limits of the financial framework. general budget of the European Union or budgets managed

thereunder by an unjustified item of expenditure.

Article 13 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

Monitoring this Decision or the individual decision or the contract or agree-

ment granting the financial support in question, or if it tran-

1. For any action financed by the programme, the Commis- spires that, without Commission approval having being sought,

sion shall ensure that the beneficiary submits technical and the action has been subjected to a change which conflicts with

financial reports on the progress of work. A final report shall the nature or implementing conditions of the project.

also be submitted within three months of the completion of the

action. The Commission shall determine the form and content

of the reports. 4. If the time limits have not been observed or if only part

of the allocated financial assistance is justified by the progress

made with implementing an action, the Commission shall

2. The Commission shall ensure that the contracts and agree- request the beneficiary to submit observations within a specified

ments resulting from the implementation of the programme period. If the beneficiary does not give a satisfactory answer, the

will provide in particular for supervision and financial control Commission may cancel the remaining financial assistance and

by the Commission (or any representative authorised by it), if demand repayment of sums already paid.

8.5.2007 EN Official Journal of the European Union C 103E/7

5. Any undue payment shall be repaid to the Commission. Article 16

Interest shall be added to any sums not repaid in good time

under the conditions laid down by the Financial Regulation. Publication of projects

The Commission shall annually publish a list of the projects

financed under the programme together with a brief description

of each project.

Article 15

Article 17

Evaluation Transitional measures

1. The programme will be monitored regularly in order to Decision No 803/2004/EC is hereby repealed. Actions

follow the implementation of activities carried out thereunder. commenced pursuant to that Decision shall continue to be

governed by it, until their completion.

2. The Commission shall ensure the regular, independent,

external evaluation of the programme. Article 18

Entry into force

3. The Commission shall submit to the European Parliament

and the Council: This Decision shall enter into force on the day following its

publication in the Official Journal of the European Union.

(a) an interim evaluation report on the results obtained and the

qualitative and quantitative aspects of the implementation of It shall apply from ...

the programme not later than 31 March 2011 accompanied

by a list of the projects and measures financed;

Done at Brussels,

(b) a communication on the continuation of the programme

not later than 31 May 2012;

For the European Parliament For the Council

results of the programme not later than 31 December The President The President

2014. ... ...

C 103E/8 EN Official Journal of the European Union 8.5.2007

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 to separate the Daphne programme from the drugs prevention programme, the

Commission, on 24 May 2006, presented an amended proposal establishing two specific programmes.

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.

(1) Doc. 15869/06.

8.5.2007 EN Official Journal of the European Union C 103E/9

- 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.

C 103E/10 EN Official Journal of the European Union 8.5.2007

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.