European Parliament legislative resolution on the common position established by the Council with a view to the adoption of a European Parliament and Council Decision adopting a programme of Community action (Daphne Programme) (2000-2003) on preventive measures to fight violence against children, young persons and women (9150/1/1999 - C5-0181/1999 - 1998/0192(COD))
7. 7. 2000 EN Official Journal of the European Communities C 189/69 TEXTS ADOPTED Wednesday 17 November 1999 1. Daphne programme 2000-2003 ***II A5-0056/1999 European Parliament legislative resolution on the common position established by the Council with a view to the adoption of a European Parliament and Council Decision adopting a pro- gramme of Community action (Daphne Programme) (2000-2003) on preventive measures to fight violence against children, young persons and women (9150/1/1999. C5-0181/1999. 1998/ 0192(COD)) (Codecision procedure: second reading) The European Parliament, having regard to the Council common position (9150/1/1999 C5-0181/1999) (1), having regard to its position at first reading (2) on the Commission’s proposal to Parliament and the Council (COM(1999) 82) (3), having regard to the Commission’s amended proposal (COM(1999) 244) (4), having regard to Article 251(2) of the EC Treaty, having regard to Rule 80 of its Rules of Procedure, having regard to the recommendation for second reading of the Committee on Women’s Rights and Equal Opportunities (A5-0056/1999), 1. 2. Amends the common position as follows; Instructs its President to forward its position to the Council and Commission. COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 1) Recital 1 (1) physical, sexual and psychological violence against chil- dren, young persons and women constitutes a serious threat to the physical and mental health of the victims of such vio- lence; the effects of such violence are so widespread through- out the Community as to constitute a major health scourge; (1) physical, sexual and psychological violence against chil- dren, young persons and women constitutes 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 major health scourge; (Amendment 2) Recital 2a (new) according to the World Health Organisation’s defini- (2a) tion, health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity; in accordance with point (p) of Article 3 of the Treaty, Community action shall include a contribution to the attainment of a high level of health protection; (1) OJ C 317, 4. 11. 1999, p. 1. (2) OJ C 219, 30. 7. 1999, p. 497. (3) OJ C 89, 30. 3. 1999, p. 42. (4) OJ C 162, 9. 6. 1999, p. 11. C 189/70 Official Journal of the European Communities EN 7. 7. 2000 Wednesday 17 November 1999 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT For the purposes of the application of this Decision, the Com- (18) mission should be assisted by an appropriate committee; Deleted (Amendment 7) Recital 18 (Amendment 8) Recital 19 (19) An agreement on a modus vivendi between the European Par- liament, the Council and the Commission concerning the implement- ing measures of acts adopted in accordance with the procedure laid concluded on down in Article 251 of 20 December 1994: the EC Treaty (1) was (19) Implementing measures have to be adopted in accordance with Council Decision 1999/0468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1). (1) OJ L 184, 17. 7. 1999, p. 23. (1) OJ C 102, 4. 4. 1996, p. 1. (Amendment 4) Article 1(2) 2. This programme aims to contribute towards ensuring a high level of protection of physical and mental health by the protection of children, young persons and women against vio- lence (including violence in the form of sexual exploitation and abuse), by the prevention of violence and by the provision of support for the victims of violence, in order, in particular, to prevent future exposure to violence. By so doing, the pro- gramme will contribute to social well-being. 2. This programme aims to contribute towards ensuring a high level of protection of physical and mental health by the protection of children, young persons and women against vio- lence (including violence in the form of sexual exploitation and abuse), by the prevention of violence and by the provision of support for the victims of violence, in order, in particular, to prevent future exposure to violence. By so doing, the pro- gramme will contribute to social well-being. It further aims to assist and encourage NGOs and other organisations active in this field. (Amendment 9) Article 5 Committee Implementing measures 1 In the implementation of this programme, the Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. The measures to be taken for the implementation of 1. this Decision concerning: The representatives of 2. Committee a draft of the measures to be taken concerning: the Commission shall submit to the the committee’s rules of procedure, the implementing provisions, the annual plan of work for the implementation of the including the budgetary measures implications and selection criteria, in the programme, the general balance between the various sections of the programme, the procedures for coordination with programmes and initiatives which are of direct relevance to achievement of the aim of this programme, the arrangements for cooperating with the third countries and international organisations referred to in Article 7, the procedures for monitoring and evaluating the pro- gramme. (a) (b) (c) (d) (e) the annual plan of work for the implementation of the measures including the budgetary implications and selection criteria, in the programme, the general balance between the various sections of the programme, the procedures for coordination with programmes and initiatives which are of direct relevance to achievement of the aim of this programme, the arrangements for cooperating with the third countries and international organisations referred to in Article 7, the procedures for monitoring and evaluating the pro- gramme, shall be adopted by use of the management procedure referred to in Article 5a(2). 7. 7. 2000 EN Official Journal of the European Communities C 189/71 Wednesday 17 November 1999 AMENDMENTS BY PARLIAMENT The measures to be taken for the implementation of 2. this decision concerning all other matters shall be adopted by use of the advisory procedure referred to in Article 5a(3). Article 5a Committee 1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/0468/EC shall apply, without pre- judice to Article 8 thereof. The period provided for in Article 4(3) of Decision 1999/ 0468/EC shall be two months. 3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/0468/EC shall apply, without pre- judice to Article 8 thereof. 4. The committee shall draw up its rules of procedures. COMMON POSITION OF THE COUNCIL The Committee shall deliver its opinion on the draft within a time- limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the com- mittee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3 (a) The Commission shall adopt measures which apply immedi- ately. (b) However, if these measures are not in accordance with the opi- nion of the committee, they shall be communicated by the Com- mission to the Council forthwith. In that event: 8 the Commission shall defer application of the measures which it has decided for a period of two months from the date of such communication; 8 the Council, acting by a qualified majority, may take a dif- ferent decision within the time-limit referred to in the pre- ceding indent. 4. In addition, the Commission shall consult the Committee on other appropriate matters relating to the implementation of this pro- gramme. In this case, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time-limit which the Chair- man may lay down according to the urgency of the matter, if necess- ary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Mem- ber State shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion deliv- ered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account. The representative of the Commission shall keep the committee 5. regularly informed of: 8 financial assistance granted under this programme (amount, duration, breakdown and beneficiaries), 8 Commission proposals or Community initiatives and the imple- mentation of programmes in other fields which are of direct rele- vance to achievement of the objective of this programme, so as to referred to in ensure Article 4. consistency and complementarity as (Amendment 6) Annex, Section II, point 1 1. Encouragement of information campaigns in cooperation with the Member States and pilot projects with European added value and awareness-raising activities among the general public and, in particular, among children and young persons, educators and other categories involved about potential risks of violence and of ways of avoiding them, including knowledge of legislative measures, health education and training in the context of the fight against violence. 1. Encouragement of information campaigns in cooperation with the Member States and pilot projects with European added value and awareness-raising activities among the general in particular, among children and public, the media and, young persons, educators and other categories involved about potential risks of violence and of ways of avoiding them, including knowledge of legislative measures, health education and training in the context of the fight against violence