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REPORT on the 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 information" as part of the General programme "Fundamental Rights and Justice"

19.5.2006 - (COM(2005)0122 – C6‑0388/2005 – 2005/0037A(COD)) - ***I

Committee on Women's Rights and Gender Equality
Rapporteur: Lissy Gröner


Postup : 2005/0037A(COD)
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A6-0193/2006
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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the 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 information" as part of the General programme "Fundamental Rights and Justice"

(COM(2005)0122 – C6‑0388/2005 – 2005/0037A(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0122)[1],

–   having regard to Article 251(2) and Article 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0388/2005),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6‑0193/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission and the Council to split the proposal for a decision of the European Parliament and of the Council establishing a specific programme "Fight against violence (Daphne) and drugs prevention and information" in two separate decisions, establishing a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III) and a specific programme "Drugs prevention and information" respectively, and to incorporate the amendments adopted by the Parliament into the corresponding decision;

3.  Calls on the Commission to refer the matter to the Parliament again if it intends to amend the proposal substantially or replace it with another text;

4.  Instructs its President to forward its position to the Council and the Commission.

Text proposed by the CommissionAmendments by Parliament

Amendment 1

Title

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 information" as part of the General programme "Fundamental Rights and Justice"

Decision of the European Parliament and of the Council Establishing for the period 2007-2013 the specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III) as part of the General programme "Fundamental Rights and Justice"

This amendment applies to the entire legislative text; the adoption of this amendment means that technical adjustments throughout the text will be necessary

Justification

Owing to the importance and different characteristics of the Community measures concerning fight against violence and drugs prevention and information, those issues should not be dealt within a single specific programme "Fight against violence (Daphne) and drugs prevention and information" but rather in two separate specific programmes: "Daphne III" and "Drugs prevention and information". The Commission has confirmed that it is open to this approach and will consider amendments aiming at splitting its proposal in two decisions.

Amendment 2

Recital 2

(2) Community action should complement national policies directed towards improving public health, obviating sources of danger to human health and reducing health-related harm associated with drug dependence.

(2) Community action should complement national policies directed towards improving public health, obviating sources of danger to human health and reducing health-related harm.

Justification

Follows on from amendment 1

Amendment 3

Recital 3

(3) Physical, sexual and psychological violence against 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, being so widespread throughout the Community, constitute a genuine health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

(3) Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, and, in particular, trafficking in human beings and enforced prostitution, 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, being so widespread throughout the Community, constitute a genuine human rights violation and health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

Justification

Violence is also and primarily a human rights violation.

Amendment 4

Recital 3 a (new)

 

(3a) Traditions and cultural practices associated with the exercise of physical violence against women, such as genital mutilation and honour crimes, constitute a particular form of violence against women with short-term and long-term detrimental effects on their health, the main victims being members of minority communities.

Justification

Violence against women must not under any circumstances be justified as part of a cultural tradition or practice but should be recognised as a form of violence.

Amendment 5

Recital 6

(6) The Charter of Fundamental Rights of the European Union reaffirms, inter alia, the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour. It reaffirms that a high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities.

(6) The fight against violence should be placed within the context of the protection of fundamental rights, as guaranteed by the Charter of Fundamental Rights of the European Union, which reaffirms, inter alia, the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour. It reaffirms that a high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities.

Justification

Violence against people constitutes a breach of a number of the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union. It follows, then, that action to combat such violence should be taken in the context of the freedom to enjoy such rights, which should be guaranteed by the political authorities.

Amendment 6

Recital 7

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

(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 Parliament. ‘For further actions in the fight against trafficking in women', of 20 September 2001 on female genital mutilation, of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation, and of 2 February 2006 on the current situation in combating violence against women and any future action.

Justification

The Commission should take in account also the latest Resolutions of the European Parliament.

Amendment 7

Recital 11

(11) Given that, according to research, the morbidity and the mortality associated with drug dependence affects a sizeable number of European citizens, the health-related harm associated with drug dependence constitutes a major problem for public health.

deleted

Justification

Follows on from amendment 1

Amendment 8

Recital 12

(12) The Communication from the Commission to the Council and the European Parliament on the results of the final evaluation of the EU Drugs Strategy and Action Plan on Drugs (2000-2004)1 pointed out the need to regularly involve civil society in the formulation of the EU’s policies on drugs.

deleted

_____

1 COM(2004)0707.

 

Justification

Follows on from amendment 1

Amendment 9

Recital 13

(13) The Decision of the European Parliament and of the Council adopting a programme of action in the field of public health (2003–2008) includes the development of strategies and measures on drug dependence, as one of the important lifestyle-related health determinants.

deleted

Justification

Follows on from amendment 1

Amendment 10

Recital 14

(14) In its Recommendation of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence1 the Council recommended that Member States set as a public health objective the prevention of drug dependence and the reduction of related risks, and that they develop and implement comprehensive strategies accordingly.

deleted

__________

1 OJ L 165, 3.7.2003, p. 31.

 

Justification

Follows on from amendment 1

Amendment 11

Recital 15

(15) In December 2004 the European Council endorsed the European Union Drugs Strategy 2005–2012 that covers all European Union drug-related activities and sets main targets. These targets include the attainment of a high level of health protection, well-being and social cohesion by preventing and reducing drug use, dependence and drug-related harms to health and society.

 

deleted

Justification

Follows on from amendment 1

Amendment 12

Recital 16

(16) The Commission adopted its Action Plan on Drugs 2005–2008 as a crucial instrument for transposing the European Union Drugs Strategy 2005–2012 into concrete actions. The ultimate aim of the Action Plan is to significantly reduce the prevalence of drug use among the population and to reduce the social harm and health damage caused by the use of and trade in illicit drugs.

deleted

Justification

Follows on from amendment 1

Amendment 13

Recital 17

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

(17) It is important and necessary to recognise the serious immediate and long-term implications of violence against children, young people and women for physical and mental health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.

Justification

Insert "physical and mental" before "health" for consistency purposes.

Amendment 14

Recital 17 a (new)

 

(17a) It is necessary to recognise that some groups, namely women belonging to minority groups, refugee women, women migrants, women living in poverty in rural or remote communities, women in institutions or in detention, female children, lesbian women, women with disabilities and elderly women, are particularly vulnerable to violence.

Justification

To remind that special attention must be paid to these groups with regard to the implementation of the programme, due to the fact that they are exposed to increased risks of violence.

Amendment 15

Recital 17 b (new)

 

(17b) Not only children who are directly subjected to violence but also children who witness their mothers being assaulted should be regarded as victims of violence in accordance with this programme.

Justification

Violence against women who are mothers directly and indirectly affects their children and has adverse repercussions for the emotional and mental health of the children.

Amendment 16

Recital 18

(18) The European Union can bring added value to the actions to be undertaken by Member States in the field of drugs information and prevention by complementing those actions and by promoting synergies.

deleted

Justification

Follows on from amendment 1

Amendment 17

Recital 19

(19) 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, the European Union can bring added value to the actions predominantly to be undertaken 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 development of networking as appropriate; the selection of Community-wide projects; and the motivation and mobilisation of all parties concerned. These actions should also encompass children and women brought to the Member States through human trafficking.

(19) Concerning the prevention of violence, including maltreatment of babies or abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk, the European Union will bring added value to the actions principally to be undertaken by Member States by the following means: identification of a legal basis for combating violence against women under current European legislation and the implementation of that legislation by the Member States; the dissemination and exchange of information, experience and good practices; the promotion of an innovative approach; the joint establishment of priorities; the development of networking, not least in order to support the victims of sexual, psychological or physical violence and groups at risk; as appropriate; the selection of Community-wide projects; and the motivation and mobilisation of all parties concerned. These actions should also concern children and women brought to the Member States through human trafficking.

Amendment 18

Recital 19 a (new)

 

(19a) The overall objective of the European Union's measures against violence is to prevent and combat all forms of violence in order to eliminate this crime and gross violations of human rights completely. To achieve this objective, clear and credible targets are required, such as halving the number of people who fall victim to violence and human trafficking over the next ten years .

Justification

Specific targets are needed in order to achieve progress towards the overall objective of totally eliminating violence against women and children.

Amendment 19

Recital 20 a (new)

(20a) The programme will pay attention to the situation of street children, a situation which is becoming dramatic as street children are not only victims of traffickers in drugs and human beings, but also suffer violence and sexual abuse. In order to reintegrate these children into society a programme is needed which provides answers to social and family problems and takes account of these children’s needs.

Justification

Street children generally leave their families because they have already become victims of violence in that context. They usually end up in child gangs which are controlled by drug dealers and other criminal gangs. The quicker and younger these children are taken up by welfare organisations, the more successful their reintegration will be and the education and vocational training they receive can prevent any return to a life on the streets.

Amendment 20

Recital 20 b (new)

 

(20b) European Network of Ombudspersons for Children links independent children's rights institutions in twenty-four Member States of the Council of Europe. Its aims are to encourage the fullest possible implementation of the Convention on the Rights of the Child, to support collective lobbying for children’s rights, to share information, approaches and strategies, and to promote the development of effective independent offices for children.

Justification

The European Network of Ombudsmen for Children (ENOC) was formally established in June 1997, at a meeting in Trondheim, Norway. The Network links independent offices for children from 12 countries in Europe and 24 of the member states of the Council of Europe.

Amendment 21

Recital 21

(21) The objectives of the proposed action, namely to prevent and combat all forms of violence against children, young people and women and drugs prevention and information cannot be sufficiently achieved by the Member States because of the need for an exchange of information at EU level and for the Community-wide dissemination of good practices. This 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 initiative, 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.

(21) The objectives of the proposed action, 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 EU level and for the Community-wide dissemination of good practices. This 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 initiative, 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.

Justification

Follows on from amendment 1

Amendment 22

Article 1 title

Creation of the programme

Subject, matter and scope

Justification

If programmes are split, the proposal will not create a new programme but rather III phase of Daphne programme.

Amendment 23

Article 1, paragraph 1

1. This Decision establishes the programme “Fight against violence (Daphne) and drugs prevention and information”, hereinafter referred to as "the programme", as part of the general programme “Fundamental Rights and Justice”, in order to contribute to the strengthening of the area of Freedom, Security and Justice.

1. Building on the policies and objectives laid down in the Daphne and Daphne II programmes, this Decision establishes the specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III), hereinafter referred to as "the programme", as part of the general programme “Fundamental Rights and Justice”, in order to provide European citizens with an area of Freedom, Security and Justice without internal borders.

Justification

Follows on from amendment 1

See amendment to the title of the legislative proposal.

It should also be made clear that the anti-violence programme being proposed is simply a continuation of the two previous programmes entitled ‘Daphne (2000-2003)’ and ‘Daphne II (2004-2008)’.

Amendment 24

Article 1, paragraph 2

2. The programme shall cover the period from 1 January 2007 to 31 December 2013.

2. The programme shall cover the period from 1 January 2007 to 31 December 2013. The programme may be extended.

Justification

Given that problems linked to violence are likely to continue occurring in future, prior arrangements should be made to allow for the extension of the programme.

Amendment 25

Article 1 a (new)

 

Article 1a

 

Definitions

 

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

 

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

Justification

It is most important to define legally the concepts of ‘children’ and ‘young people’ in accordance with the international ‘acquis’ on the subject in order to define the scope of the programme

Amendment 26

Article 2, paragraph 1, point (a)

(a) To contribute to the setting up of an area of freedom, security and justice by combating violence and by informing on and preventing drugs use.

(a) To contribute to the maintenance and development of an area of freedom, security and justice in the European Community by combating and preventing violence against children, young people and women and protecting victims and groups at risk.

Justification

See amendment to the title of the legislative proposal.

It must also be clear that the legislative proposal will help develop, within the Community and the EU, the area of freedom, security and justice, which has for the most part already been established.

Amendment 27

Article 2, paragraph 1, point (b)

(b) To protect citizens against violence and to attain a high level of health protection, well being and social cohesion.

(b) To protect children, young people and women against violence and to attain a high level of physical and mental health protection, well being and social cohesion and healthy interpersonal relations.

Justification

It is important to clearly specify the focus of the programme.

Amendment 28

Article 2, paragrah 1, point (c)

(c) To prevent and reduce drug use, dependence and drug related harms.

deleted

Justification

Follows on from amendment 1

Amendment 29

Article 2, paragraph 2

2. Without prejudice to the objectives and powers of the European Community, the general objectives of the programme shall contribute to the development of the community policies and more specifically, to those related to the protection of public health, gender equality, protection of children’s rights, and fight against trafficking of human beings and sexual exploitation.

2. Without prejudice to the objectives and powers of the European Community, the general objectives of the programme shall contribute to the development of the community policies and more specifically, to those related to the protection of public health, especially where it concerns children, young people and women, to gender equality, to the fight against domestic violence, the fight against gender-based violence in conflict situations, protection of children’s rights, fight against trafficking of human beings and sexual exploitation, and the fight against female genital mutilation.

Justification

Fighting domestic violence and female genital mutilation should be priorities and therefore have to be named among others under the general objectives.

Amendment 30

Article 3, point (a), subparagraph 1

(a) To prevent and combat all forms of violence occurring in the public or the private domain against children, young people and women by taking preventive measures and by providing support for victims and groups at risk by the following means:

(a) To prevent and combat all forms of violence occurring in the public or the private domain against children, young people and women by taking preventive measures and by providing support and protection for victims and groups at risk by the following means:

Justification

The protection of victims shall be included in the objectives of the programme.

Amendment 31

Article 3, point (a), bullet point 1

• To assist and encourage NGOs and other organisations active in protecting against and preventing violence, and assisting victims;

• To assist and encourage NGOs, bodies, organisations and associations active in protecting against and preventing violence against children, young people and women, and assisting victims, both at national and European level and in third countries;

Amendment 32

Article 3, point (a), bullet point 1 a (new)

 

To continue to provide a helpdesk service to NGOs and other organisations in order to help them draw up their projects and enter into contact with other partners;

Justification

The help desk has been extremely useful to NGOs, particularly those taking part in the Daphne programme for the first time, since it provides them with information on all the programme provisions. This service must therefore continue to be provided.

Amendment 33

Article 3, point (a), bullet point 1 b (new)

 

· To establish a think-tank to provide guidelines to the Commission on the social, cultural and political context as regards the selection of projects and complementary actions. The think-tank would be composed of representatives of the European Parliament's competent committee and include representatives of the major NGOs in the field

Justification

The Commission, who is in charge of the selection and implementation of the projects, has a limited knowledge of the social, cultural, and political context in the Member states.

Amendment 34

Article 3, point (a), bullet point 2

• To develop and implement awareness-raising actions targeting specific audiences, to design materials to supplement those already available, or to adapt and use the existing materials in other geographical areas or for other target groups;

• To develop and implement awareness-raising actions targeting specific audiences, for example specific professions, specific sections of the population and perpetrators of violence, to design materials to supplement those already available, or to adapt and use the existing materials in other geographical areas or for other target groups;

Justification

Examples of professions as target audiences for awareness-raising actions are personnel dealing with violence against women and children, such as police officers, judicial staff, medical personnel, teachers, youth workers and social workers, personnel dealing with offenders, and child psychologists and therapists. Awareness-raising training in honour-related crimes targeting specific professions and sections of the population should also be included.

Amendment 35

Article 3, point (a), bullet point 2 a (new)

 

· To promote the European Year against violence against women and to support activities linked to the event;

Justification

European year against violence against women would be very important and valuable for awareness raising and for sharing of good practices and therefore should be supported by the Daphne programme

Amendment 36

Article 3, point (a), bullet point 2 b (new)

 

To take measures targeting women who are members of culturally specific communities or ethnic minority groups and the specific forms of violence which these women encounter;

Justification

Women who are members of minority groups or culturally specific communities face particular forms of violence which call for particular methods of dealing with them. The Daphne Programme should attach the necessary importance to the problems of violence encountered by these women and take specific measures.

Amendment 37

Article 3, point (a), bullet point 2 c (new)

 

To develop and implement actions to reintegrate victims of violence into the labour market and social life;

Justification

Victims of violence often exhibit tendencies towards social marginalisation. A fundamental objective should, therefore, be to reintegrate them smoothly into society. The first basic step in this direction is to facilitate their access to the labour market.

Amendment 38

Article 3, point (a), bullet point 2 d (new)

 

To carry out research into the causes and current situation of trafficking in women and children for the purposes of sexual exploitation, and to carry out effective public awareness campaigns on that subject;

Justification

Τhe Daphne Programme can and should incorporate effective actions to tackle the problem of trafficking in women and children, which has assumed very wide-ranging proportions.

Amendment 39

Article 3, point (a), bullet point 3

· To disseminate the results obtained under the two Daphne programmes including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

· To build on the objectives and specific actions of the two Daphne programmes and disseminate the results obtained under them including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

Justification

It should be made clear that the anti-violence programme being proposed is simply a continuation of the two previous programmes entitled ‘Daphne (2000-2003)’ and ‘Daphne II (2004-2008)’.

Amendment 40

Article 3, point (a), bullet point 4

· To identify and enhance actions contributing to positive treatment of people at risk of violence, namely to follow an approach that encourages respect for them and promotes their well-being and self-fulfilment.

· To identify and enhance actions contributing to positive treatment and social reintegration of children, young people and women who are victims of violence and/ or are at risk of violence, namely to follow an approach that encourages respect for them and promotes their well-being and self-fulfilment.

Justification

It is important to clearly specify the focus of the programme.

The programme must help to enhance actions seeking to make a better life for and ensure the social reintegration of victims of violence and people at risk of violence.

Amendment 41

Article 3, point (a), bullet point 4 a (new)

 

• To draw up and carry out actions specifically designed for groups at risk so as to prevent newborn children being abused.

Amendment 42

Article 3, point (a), bullet point 4 b (new)

 

To focus support in particular on the fight against violations of the human rights of migrant women;

Justification

It is important for the programme's objectives to be clearly and comprehensively defined.

Amendment 43

Article 3, point (b), bullet point 1

• set up multidisciplinary networks;

• set up multidisciplinary networks, particularly to support victims of violence against children, young people and women and victims of trafficking in human beings;

Amendment 44

Article 3, point (b), bullet point 2 a (new)

 

To provide appropriate education and training for professionals responsible for recording incidents and data relating to domestic violence so that such cases are more readily recognised;

Justification

In many cases, domestic violence is subject to social prejudice, which results in failure to record violent incidents or to report the member of the family responsible as the perpetrator. Professionals who come into contact with victims of violence should receive training which enables them to recognise cases of domestic violence more easily so that they can provide the victims with more effective assistance.

Amendment 45

Article 3, point (b), bullet point 3

· raise awareness of violence among targeted audiences such as specific professions to improve understanding thereof, to promote the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of violence to the competent authorities;

· raise awareness of violence in all its forms among targeted audiences such as national, regional and local authorities, professionals, and sections of the population to improve understanding thereof, to promote the adoption of zero tolerance towards violence and to encourage support for victims and the reporting of violence to the competent authorities;

Justification

Examples of professions as target audiences for awareness-raising actions are personnel dealing with violence against women and children, such as police officers, judicial staff, medical personnel, teachers, youth workers and social workers, personnel dealing with offenders, and child psychologists and therapists. Awareness-raising training in honour-related crimes targeting specific professions and sections of the population should also be included.

Amendment 46

Article 3, point (b), bullet point 4

· study phenomena related to violence, to explore and address the root causes of violence at all levels of society;

· study phenomena related to violence against children, young people and women and possible ways of preventing them, to explore, prevent and address the root causes of violence at all levels of society;

Justification

It is also important to prevent the causes of violence.

Amendment 47

Article 3, point (b), bullet point 5

· raise awareness of the health and social problems caused by the drug use and to encourage an open dialogue with a view to promoting a better understanding of the drug phenomenon.

deleted

Justification

Follows on from amendment 1

Amendment 48

Article 3, point (c)

(c) To involve civil society in the implementation and development of the European Union’s Drugs Strategy and Action plans.

(c) To involve civil society in the implementation and development of the European Union’s Anti-trafficking Strategy and Action Plan on combating and preventing trafficking in human beings.

Justification

Follows on from amendment 1

Amendment 49

Article 3, point (d)

(d) To monitor, implement and evaluate the implementation of specific actions under the Drugs Action Plans 2005–2008 and 2009–2012.

 

(d) To monitor, implement and evaluate the implementation of specific actions under the Action Plan on combating and preventing trafficking in human beings.

Justification

Follows on from amendment 1

Amendment 50

Article 4, point (a)

(a) specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support to and animation of networks of national experts, analytical, monitoring and evaluation activities; or

(a) specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and ‘experts’ meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials (including IT applications and training resources), support to and animation of networks of national experts, analytical, monitoring and evaluation activities; or

Justification

IT applications – in particular the development of computer programs and specific training tools – can help stamp out and prevent violence.

Amendment 51

Article 4, point (b)

(b) specific transnational projects of Community interest presented by at least three Member States under the conditions set out in the annual work programmes; or

(b) specific transnational projects of Community interest presented by at least three states, at least two of which must be Member States, possibly with the cooperation of associated or candidate countries, under the conditions set out in the annual work programmes; or

Justification

The programme should be opened to the participation of other NGOs in the field.

It would be useful to provide for the possibility of setting up cross-border projects in which third countries could cooperate, with a view to making the programme more effective, particularly in connection with action to combat trafficking in human beings.

Amendment 52

Article 4, point (d)

(d) an operating grant to co-finance expenditure associated with the permanent work programme of the European Federation for Missing and Sexually Exploited Children which pursues an aim of general European interest in the field of children’s rights and protection.

(d) co-finance organisations with a common interest working with missing and sexually exploited children, and fighting against child abduction and paedophilia, as those organisations pursue aims of general European interest in the field of children’s rights and protection.

Justification

The programme should be opened to the participation of other NGOs in the field.

Amendment 53

Article 5, point (c)

(c) projects may associate candidate countries not participating in this programme where this would contribute to their preparation for accession, or other third countries not participating in this programme where this serves the aim of the projects.

(c) projects may associate candidate countries not participating in this programme where this would contribute to their preparation for accession, or other third countries not participating in this programme where this serves the aim of the projects, in particular, Eastern European and Central Asian countries in accordance with their Partnership and Co-operation Agreements, ACP countries and Mediterranean countries in the framework of their respective agreements.

(See wording of Article 3, Access to the programme, 2002/630/JHA Council Decision of 22 July 2002 establishing a framework programme on police and judicial cooperation in criminal matters (AGIS))

Justification

The programme should be opened to the participation of other countries to extend the networks with these partner countries and multiply the effects and results of the "Daphne acquis."

Amendment 54

Article 5, paragraph 1 a (new)

 

1a. The Commission should aim at ensuring the participation of all countries to which the programme is open and particularly encourage NGOs, notably self-help groups, to participate in it.

 

Justification

So far the 10 new Member States have not participated to any great extent although their problems with violence are more severe. Applying for and managing EU projects is often an administrative burden for NGOs. NGOs, however, are usually already organised in networks and are therefore particularly successful in disseminating results.

Amendment 55

Article 6, paragraph 1

1. The programme is destined for all groups that directly or indirectly deal with violence and the drugs phenomena.

1. The target groups for actions under this programme shall be all those that directly or indirectly deal with violence in all its forms and with trafficking in human beings.

Justification

See amendment to the title of the legislative proposal.

The wording has also been clarified and rearranged.

Amendment 56

Article 6, paragraph 2

2. With regard to the fight against violence, the main target groups are the victims of violence and groups at risk of violence. Other target groups are, inter alia, teachers and educational staff, police and social workers, local and national authorities, medical and paramedical staff, judicial staff, NGO, trade unions and religious communities. It is also relevant to think about treatment programmes for victims on the one hand and for perpetrators on the other, with the aim of preventing violence.

2. The main target groups are the victims of violence and groups at risk of violence, especially children, young people and women. Other target groups are, inter alia, teachers and educational staff, border control staff, leaders of child and youth organisations, parents, police and social workers, local and national authorities, medical and paramedical staff, judicial staff, NGO, trade unions and religious communities. It is also relevant to think about treatment and reintegration programmes for victims on the one hand and for perpetrators on the other, with the aim of preventing violence.

Or. fr

Justification

The term 'treatment and reintegration programmes' covers both the physical and psychological treatment and social reintegration measures required by victims and perpetrators of violence, particularly with a view to preventing any repetition of such behaviour in the future.

Amendment 57

Article 6, paragraph 3

3. With regard to drugs, youth, vulnerable groups and problematic neighbourhoods are groups at risk and should be identified as target groups. Other target groups are, inter alia, teachers and educational staff, social workers, local and national authorities, medical and paramedical staff, judicial staff, NGO, trade unions and religious communities.

deleted

Justification

Follows on from amendment 1

Amendment 58

Article 7

Access to this programme shall be open to 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 implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence. The programme shall also be open to public or private organisations and institutions (local authorities at the competent level, university departments and research centres) working to inform and prevent drugs use.

Access to this programme shall be open to public or private organisations and institutions (local authorities at the competent level, university departments and research centres and journalists and the media) 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.

Justification

It is important to include the media in the programme as well.

Amendment 59

Article 10, paragraph 1

1. The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission, hereinafter referred to as the “Committee”.

1. The Commission shall be assisted by a gender–balanced committee, composed of representatives of the Member States and chaired by the representative of the Commission, hereinafter referred to as the “Committee”.

Justification

It would be important given the specific nature of the programme.

Amendment 60

Article 10, paragraph 3 a (new)

 

3a. The Commission may invite representatives from the participating countries to information meetings after the Committee’s meetings.

Justification

It is important that the Commission should be able to organise information meetings with the representatives of countries participating in the programme, as these representatives are not members of the committee and will thus initially be unaware of the outcome of the discussions.

Amendment 61

Article 11, paragraph 1

1. Synergies and complementarity with other Community instruments will be sought, particularly the general programmes “Security and Safeguards Liberties” and “Solidarity and Management of Migration Flows”, the 7th Research & Development Framework Programme as well as the programmes on health protection and “Safer Internet Plus”. Complementarity with the European Monitoring Centre for Drugs and Drug Addiction will be actively pursued. The statistical element of information on violence and drugs will be developed in collaboration with Member States, using as necessary the Community Statistical Programme.

1. Synergies and complementarity with other Community instruments will be sought, particularly the general programmes “Security and Safeguards Liberties” and “Solidarity and Management of Migration Flows”, the 7th Research & Development Framework Programme as well as the programmes on health protection and “Safer Internet Plus”. Complementarity will also be sought with the future Institute for Gender Equality, particularly with a view to ensuring that Daphne III programme activities are targeted more effectively at groups at risk. The statistical element of information on violence will be developed in collaboration with Member States, using as necessary the Community Statistical Programme.

Justification

Synergies with the future gender institute could prove useful with a view to collecting relevant information on groups that are particularly vulnerable to violence, thus enabling programme activities to be targeted more effectively at such groups.

Amendment 62

Article 12, paragraph 1

1. The budget for the implementation of this instrument is set at EUR 138.2 million for the period set out in Article1.

1. The budget for the implementation of this instrument is set at EUR 115 870 000 million for the period set out in Article1.

Justification

Follows on from amendment 1

Amendment 63

Article 15, paragraph 3, point (a)

(a) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011;

(a) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2010, accompanied by a list of the subsidised projects and measures;

Justification

The programme would benefit from earlier interim evaluation

It would be useful for the Commission to attach the list of subsidised projects and measures.

Amendment 64

Article 15, paragraph 3, point (b)

(b) a Communication on the continuation of this programme no later than 30 August 2012;

(b) a Communication on the continuation of this programme no later than 31 December 2011;

Justification

The programme would benefit from earlier communication on the continuation of the programme

Amendment 65

Article 15, paragraph 3, point (c)

c) an ex post evaluation report no later than 31 December 2014,

(c) an ex post evaluation report, on the implementation and results of the programme no later than 31 December 2014,

Justification

It would be useful to make a final assessment of the results achieved during the whole period of application of the programme.

Amendment 66

Article 15 a (new)

 

Article 15a

 

Publication of projects

 

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

Justification

This is important for transparency.

  • [1]  Not yet published in OJ.

OPINION OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS (16.5.2006)

for the Committee on Women’s Rights and Gender Equality

on the 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 information’ as part of the General programme ‘Fundamental Rights and Justice’
(COM(2005)0122 – C6‑0388/2005 – 2005/0037A(COD))

Draftswoman: Roberta Angelilli

SHORT JUSTIFICATION

I. INTRODUCTION

The Hague Programme was adopted by the European Council at its meeting of 4 and 5 November 2004 and was based on the results achieved over the five years of the Tampere Programme, established in 1999. The Hague Programme has set out a new five-year action plan, which lays down a timetable for attaining the main objective of making the European Union an area of freedom, security and justice.

This ambitious political objective cannot be achieved, however, if the financial resources necessary are not allocated in advance.

In this context, the financial perspective for 2007-2013 provides for a significant increase in financial resources with a view to establishing an area of freedom, security and justice in the European Union.

II. FRAMEWORK PROGRAMMES AND SPECIFIC PROGRAMMES IN THE FIELD OF FREEDOM, SECURITY AND JUSTICE PROVIDED FOR UNDER THE FINANCIAL PERSPECTIVE FOR 2007-2013

The proposal made as part of the financial perspective for 2007-2013 concerning the development of the European Union as an area of freedom, security and justice is structured around three general programmes, which will provide financial resources totalling EUR 7 154 million, and which will take shape via the implementation of ten specific programmes. Each general programme covers a different field:

A) The general programme entitled ‘Fundamental rights and justice’ (EUR 543 million) will help enhance the field of justice via four specific programmes, one of which concerns combating violence (Daphne) and drugs prevention and information, the subject of this draft opinion.

This specific programme earmarks financial resources of EUR 138.2 million to attain the following two major policy objectives between 2007 and 2013:

a) countering violence towards those at risk (children, young people and women), building on the policy already established under the Daphne programme (2000-2003) and the Daphne II programme (2004-2008). EUR 115.850 million has been earmarked for this objective.

b) preventing drug use and providing the public with information on drug use. The financial resources for this objective total EUR 22.330 million.

B) The general programme entitled ‘Solidarity and management of migration flows’ (EUR 5 866 million) will cover the development of the area of freedom by way of four European funds: the fund for refugees, the border fund, the integration fund and the return fund.

C) The general programme entitled ‘Security and safeguarding freedoms’ (EUR 745 million) will cover the establishment of the area of security by means of two specific programmes: an anti-delinquency programme and a programme concerning the prevention of terrorism and the management of its consequences.

III. DRAFTSWOMAN’S POSITION

First of all, your draftswoman fully agrees with the Committee on Civil Liberties, Justice and Home Affairs and with the Committee on Women’s Rights and Gender Equality in their recommendation for this specific programme to be split into two separate specific programmes, with two separate budget lines and two separate policy objectives – one to combat violence and the other to prevent drug use. There are in fact no particular reasons that make it necessary to associate the fight against violence closely with the campaign against drug use.

It is on this basis that the Committee on Women’s Rights and the Committee on Civil Liberties have agreed to each draw up a report on the specific programme as a whole, but the Committee on Women’s Rights will remove all references in the programme to drugs and will focus on the issue of violence, while the Committee on Civil Liberties will do the opposite (i.e. remove all references to violence and focus on the aspects relating to drugs). The Commission is aware of this decision.

In line with the above, your draftswoman on the specific Daphne programme is therefore of the opinion that special emphasis should be placed on aspects relating to the fight against violence and hence that any reference in the proposal to the issue of drugs should be systematically removed, as Inger Segelström has already suggested in her draft report on the part of the specific programme dedicated to the issue of drugs, which comes within the Committee on Civil Liberties’ sphere of responsibility.

Your draftswoman should therefore like to recommend to members of the committee that all amendments to delete text referring to drugs prevention and information be subject to a block vote. These are amendments: 1, 2, 7, 8, 9, 10, 11, 12, 15, 18, 26, 33, 34, 35, 41, 42 and 45.

All other amendments focus on the issue of countering violence against those at risk (children, young people and women) and measures to ensure the proper application and implementation of the specific programme on countering violence.

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Women’s Rights and Gender Equality, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]Amendments by Parliament

Amendment 1

Title

on the proposal for a European Parliament and Council decision establishing for the period 2007-2013 the specific programme ‘Fight against violence (Daphne) and drugs prevention and information’ as part of the general programme ‘Fundamental Rights and Justice’

on the proposal for a European Parliament and Council decision establishing for the period 2007-2013 the specific programme ‘Fight against violence (Daphne)’ as part of the general programme ‘Fundamental Rights and Justice’

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

It is most likely that the problem of violence towards children, young people, women and other groups will be overshadowed if it is combined with the campaign to prevent drug use.

Two specific programmes with separate budgetary appropriations should therefore be established, one dedicated to combating violence, and the other dedicated to drugs prevention. The former would fall within the sphere of responsibility of the Committee on Women’s Rights and Gender Equality, and the latter would fall within the sphere of responsibility of the Committee on Civil Liberties, Justice and Home Affairs.

Amendment 2

Recital 2

(2) Community action should complement national policies directed towards improving public health, obviating sources of danger to human health and reducing health-related harm associated with drug dependence.

(2) Community action should complement national policies directed towards improving public health and obviating sources of danger to human health.

Justification

See amendment to the title of the legislative proposal.

Amendment 3

Recital 3

(3) Physical, sexual and psychological violence against 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, being so widespread throughout the Community, constitute a genuine health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

(3) Physical, sexual and psychological violence against children, young people and women, especially that which is linked to the trafficking of human beings for purposes of sexual exploitation and domestic violence, 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, being so widespread throughout the Community, constitute a genuine health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

Justification

Combating violence should cover violence in all its forms, in particular that involving the trafficking of human beings. This aspect should therefore be explicitly referred to in the context of the programme’s specific aims.

Amendment 4

Recital 6

(6) The Charter of Fundamental Rights of the European Union reaffirms, inter alia, the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour. It reaffirms that a high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities.

(6) The fight against violence must be placed within the context of the protection of fundamental rights, as guaranteed in the Charter of Fundamental Rights of the European Union, which reaffirms, inter alia, the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour. It reaffirms that a high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities.

Justification

Violence against people constitutes a breach of a number of the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union. It follows, then, that action to combat such violence should be taken in the context of the freedom to enjoy such rights, which should be guaranteed by the political authorities.

Amendment 5

Recital 7

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

(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 Parliament ‘For further actions in the fight against trafficking in women', of 20 September 2001 on female genital mutilation and of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation.

Amendment 6

Recital 10 a (new)

 

(10a) The application of this specific programme ‘Fight against violence (Daphne)’ should ensure a balanced focus in relation to the three target groups, i.e. children, young people and women.

Amendment 7

Recital 11

(11) Given that, according to research, the morbidity and the mortality associated with drug dependence affects a sizeable number of European citizens, the health-related harm associated with drug dependence constitutes a major problem for public health.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 8

Recital 12

(12) The Communication from the Commission to the Council and the European Parliament on the results of the final evaluation of the EU Drugs Strategy and Action Plan on Drugs (2000-2004)1 pointed out the need to regularly involve civil society in the formulation of the EU’s policies on drugs.

_____________

1 COM(2004)0707.

 

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 9

Recital 13

(13) The Decision of the European Parliament and of the Council adopting a programme of action in the field of public health (2003-2008) includes the development of strategies and measures on drug dependence, as one of the important lifestyle-related health determinants.

 

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 10

Recital 14

(14) In its Recommendation of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence1, the Council recommended that Member States set as a public health objective the prevention of drug dependence and the reduction of related risks, and that they develop and implement comprehensive strategies accordingly.

deleted

_________________________

1 OJ L 165, 3.7.2003, p. 31.

 

Amendment 11

Recital 15

(15) In December 2004 the European Council endorsed the European Union Drugs Strategy 2005-2012 that covers all European Union drug-related activities and sets main targets. These targets include the attainment of a high level of health protection, well-being and social cohesion by preventing and reducing drug use, dependence and drug-related harms to health and society.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 12

Recital 16

(16) The Commission adopted its Action Plan on Drugs 2005–20081 as a crucial instrument for transposing the European Union Drugs Strategy 2005–2012 into concrete actions. The ultimate aim of the Action Plan is to significantly reduce the prevalence of drug use among the population and to reduce the social harm and health damage caused by the use of and trade in illicit drugs.

deleted

___________________

1 COM(2005)0045 of 14 February 2005.

 

Justification

See amendment to the title of the legislative proposal.

Amendment 13

Recital 17

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

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

Amendment 14

Recital 17 a (new)

 

(17a) Not only children who are directly subjected to violence but also children who witness their mothers being assaulted should be regarded as victims of violence.

Justification

Violence against women who are mothers directly and indirectly affects their children and has adverse repercussions for the emotional and mental health of the children.

Amendment 15

Recital 18

(18) The European Union can bring added value to the actions to be undertaken by Member States in the field of drugs information and prevention by complementing those actions and by promoting synergies.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 16

Recital 19

(19) 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, the European Union can bring added value to the actions predominantly to be undertaken 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 development of networking as appropriate; the selection of Community-wide projects; and the motivation and mobilisation of all parties concerned. These actions should also encompass children and women brought to the Member States through human trafficking.

(19) Concerning the prevention of violence, including maltreatment of babies or abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk, the European Union will bring added value to the actions principally to be undertaken 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 development of networking, not least in order to support the victims of sexual, psychological or physical violence and groups at risk; appropriate selection of Community-wide projects; and the motivation and mobilisation of all parties concerned. These actions also concern children and women brought to the Member States through human trafficking.

Justification

In international treaties it is agreed that the concept ‘child’ refers to persons aged between 0 and 18 years, the concept ‘young people’ refers to persons under 25 years of age [NB: this part of the justification refers to an amendment that does not affect the Italian version].

It should also be borne in mind that babies too are subjected to abuse. Finally, the problem of violence and abuse against children and women brought into the EU via human trafficking should be taken into account.

Amendment 17

Recital 20 a (new)

 

(20a) European Network of Ombudspeople for Children links independent children's rights institutions in twenty-four member states of the Council of Europe. Its aims are to encourage the fullest possible implementation of the Convention on the Rights of the Child, to support collective lobbying for children’s rights, to share information, approaches and strategies, and to promote the development of effective independent offices for children.

Justification

The European Network of Ombudsmen for Children (ENOC) was formally established in June 1997, at a meeting in Trondheim, Norway. The Network links independent offices for children from 12 countries in Europe and 24 of the member states of the Council of Europe.

Amendment 18

Recital 21

(21) The objectives of the proposed action, namely to prevent and combat all forms of violence against children, young people and women and drugs prevention and information cannot be sufficiently achieved by the Member States because of the need for an exchange of information at EU level and for the Community-wide dissemination of good practices. This 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 initiative, 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.

(21) The objectives of the proposed action, 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 EU level and for the Community-wide dissemination of good practices. This 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 initiative, 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.

Justification

See amendment to the title of the legislative proposal.

Amendment 19

Article 1, paragraph 1

1. This Decision establishes the programme ‘Fight against violence (Daphne) and drugs prevention and information’, hereinafter referred to as ‘the programme’, as part of the general programme ‘Fundamental Rights and Justice’, in order to contribute to the strengthening of the area of Freedom, Security and Justice.

1. Building on the policies and objectives established in the Daphne and Daphne II programmes, this Decision establishes the specific programme ‘Fight against violence (Daphne)’, hereinafter referred to as ‘the programme’, as part of the general programme ‘Fundamental Rights and Justice’, in order to provide European citizens with an area of freedom, security and justice without internal borders.

Justification

See amendment to the title of the legislative proposal.

It should also be made clear that the anti-violence programme being proposed is simply a continuation of the two previous programmes entitled ‘Daphne (2000-2003)’ and ‘Daphne II (2004-2008)’.

Amendment 20

Article 1 a (new)

 

Article 1a

 

Definitions

 

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

 

However, projects that include measures designed specifically for groups such as ‘adolescents’ (13-18 years old) or persons between 12 and 25 years old are to be considered as measures aimed at ‘young people’.

Justification

It is most important to define legally the concepts of ‘children’ and ‘young people’ in accordance with the international ‘acquis’ on the subject.

Amendment 21

Article 1, paragraph 2

2. The programme shall cover the period from 1 January 2007 to 31 December 2013.

2. The programme shall cover the period from 1 January 2007 to 31 December 2013. The programme may be extended.

Justification

Given that problems linked to violence are likely to continue occurring in future, prior arrangements should be made to allow for the extension of the programme.

Amendment 22

Article 2, paragraph 1, point (a)

(a) To contribute to the setting up of an area of freedom, security and justice by combating violence and by informing on and preventing drugs use.

(a) To contribute to the maintenance and development of an area of freedom, security and justice in the European Community by combating violence.

Justification

See amendment to the title of the legislative proposal.

It must also be clear that the legislative proposal will help develop, within the Community and the EU, the area of freedom, security and justice, which has for the most part already been established.

Amendment 23

Article 2, paragraph 1, point (b)

(b) To protect citizens against violence and to attain a high level of health protection, well being and social cohesion.

(b) To protect citizens against violence and to attain a high level of protection of physical and mental health, well-being and social cohesion.

Justification

Avoids any confusion over the concept of ‘health protection’.

Amendment 24

Article 2, paragraph 1, point (b)

(b) To protect citizens against violence and to attain a high level of health protection, well being and social cohesion.

(b) To protect every person against violence and to attain a high level of health protection, well-being and social cohesion.

Justification

Every person shall be protected against violence regardless of his/her citizenship.

Amendment 25

Article 2, paragraph 1, point (b)

(b) To protect citizens against violence and to attain a high level of health protection, well being and social cohesion.

(b) To protect citizens against violence against children, young people and women and against trafficking in human beings and thus to attain a high level of health protection, well-being and social cohesion.

Amendment 26

Article 2, paragraph 1, point (c)

(c) To prevent and reduce drug use, dependence and drug-related harms.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 27

Article 3, point (a)

(a) To prevent and combat all forms of violence occurring in the public or the private domain against children, young people and women by taking preventive measures and by providing support for victims and groups at risk by the following means:

(a) To prevent and combat all forms of violence occurring in the public or the private domain against children, young people and women by taking preventive measures and by providing support and protection for victims and groups at risk by the following means:

Justification

The protection of victims shall be included in the objectives of the programme.

Amendment 28

Article 3, point (a), indent 3

· To disseminate the results obtained under the two Daphne programmes including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

· To build on the objectives and specific actions of the two Daphne programmes and disseminate the results obtained under them including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

Justification

It should be made clear that the anti-violence programme being proposed is simply a continuation of the two previous programmes entitled ‘Daphne (2000-2003)’ and ‘Daphne II (2004-2008)’.

Amendment 29

Article 3, point (a), indent 4 a (new)

 

• To draw up and carry out actions specifically designed for groups at risk so as to prevent newborn children being abused.

Amendment 30

Article 3, point (b), indent 1

·  set up multidisciplinary networks;

 

· set up multidisciplinary networks, in particular to provide support for the victims of violence against children, young people and women and the victims of trafficking in human beings;

Amendment 31

Article 3, point (b), indent 3

· raise awareness of violence among targeted audiences such as specific professions to improve understanding thereof, to promote the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of violence to the competent authorities;

· raise awareness of violence in all its forms among targeted audiences such as national, regional and local authorities, professionals, and sections of the population to improve understanding thereof, to promote the adoption of zero tolerance towards violence and to encourage support for victims and the reporting of violence to the competent authorities;

Justification

Examples of professions as target audiences for awareness-raising actions are personnel dealing with violence against women and children, such as police officers, judicial staff, medical personnel, teachers, youth workers and social workers, personnel dealing with offenders, and child psychologists and therapists. Awareness-raising training in honour-related crimes targeting specific professions and sections of the population should also be included.

Amendment 32

Article 3, point (b), indent 4

· study phenomena related to violence, to explore and address the root causes of violence at all levels of society;

· study phenomena related to violence against children, young people and women and possible ways of preventing them, to explore, prevent and address the root causes of violence at all levels of society;

Justification

It is also important to prevent the causes of violence.

Amendment 33

Article 3, point (b), indent 5

· raise awareness of the health and social problems caused by the drug use and to encourage an open dialogue with a view to promoting a better understanding of the drug phenomenon.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 34

Article 3, point (c)

(c) To involve civil society in the implementation and development of the European Union’s Drugs Strategy and Action plans.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 35

Article 3, point (d)

(d) To monitor, implement and evaluate the implementation of specific actions under the Drugs Action Plans 2005-2008 and 2009-2012.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 36

Article 4, point (a)

(a) specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support to and animation of networks of national experts, analytical, monitoring and evaluation activities; or

(a) specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and ‘experts’ meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials (including IT applications and training resources), support to and animation of networks of national experts, analytical, monitoring and evaluation activities; or

Justification

IT applications – in particular the development of computer programs and specific training tools – can help stamp out and prevent violence.

Amendment 37

Article 4, point b

(b) specific transnational projects of Community interest presented by at least three Member Sates under the conditions set out in the annual work programmes; or

Does not affect the English version

Justification

Does not affect the English version

Amendment 38

Article 4, point (d)

(d) an operating grant to co-finance expenditure associated with the permanent work programme of the European Federation for Missing and Sexually Exploited Children which pursues an aim of general European interest in the field of children’s rights and protection.

(d) an operating grant to co-finance expenditure associated with the permanent work programme of the European Federation for Missing and Sexually Exploited Children and for the European Network of Ombudspeople for Children which pursues an aim of general European interest in the field of children’s rights and protection.

Justification

The European Network of Ombudspeople for Children (ENOC) links independent children's rights institutions in 24 member states of the Council of Europe.

Amendment 39

Article 6, paragraph 1

1. The programme is destined for all groups that directly or indirectly deal with violence and the drugs phenomena.

1. The target groups for actions under this programme shall be all those that directly or indirectly deal with violence in all its forms and with trafficking in human beings.

Justification

See amendment to the title of the legislative proposal.

The wording has also been clarified and rearranged.

Amendment 40

Article 6, paragraph 2

2. With regard to the fight against violence, the main target groups are the victims of violence and groups at risk of violence. Other target groups are, inter alia, teachers and educational staff, police and social workers, local and national authorities, medical and paramedical staff, judicial staff, NGO, trade unions and religious communities. It is also relevant to think about treatment programmes for victims on the one hand and for perpetrators on the other, with the aim of preventing violence.

2. With regard to the fight against violence, the main target groups are the victims of violence and groups at risk of violence. Other target groups are, inter alia, teachers and educational staff, border control staff, leaders of child and youth organisations, parents, police and social workers, local and national authorities, medical and paramedical staff, judicial staff, trade unions and NGOS, religious communities. It is also relevant to think about treatment programmes for victims on the one hand and for perpetrators on the other, with the aim of preventing violence.

Amendment 41

Article 6, paragraph 3

3. With regard to drugs, youth, vulnerable groups and problematic neighbourhoods are groups at risk and should be identified as target groups. Other target groups are, inter alia, teachers and educational staff, social workers, local and national authorities, medical and paramedical staff, judicial staff, NGO, trade unions and religious communities.

deleted

Justification

See amendment to the title of the legislative proposal.

Amendment 42

Article 7

Access to this programme shall be open to 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 implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence. The programme shall also be open to public or private organisations and institutions (local authorities at the competent level, university departments and research centres) working to inform and prevent drugs use.

Access to this programme shall be open to 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 implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.

Justification

See amendment to the title of the legislative proposal.

Amendment 43

Article 10, paragraph 3 a (new)

 

3a. The Commission may invite representatives from the participating countries to information meetings after the committee’s meetings.

Justification

It is important that the Commission should be able to organise information meetings with the representatives of countries participating in the programme, as these representatives are not members of the committee and will thus initially be unaware of the outcome of the discussions.

Amendment 44

Article 12, paragraph 1

1. The budget for the implementation of this instrument is set at EUR 138.2 million for the period set out in Article 1.

1. The budget for the implementation of the specific programme ‘Fight against violence (Daphne)’ is in accordance with the new financial perspective.

Justification

This change is appropriate in line with the change made to the title of the legislative proposal and in accordance with the Financial Perspective.

Amendment 45

Article 12, paragraph 2

2. The budgetary resources allocated to the actions provided for in this 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 perspectives.

2. The budgetary resources allocated to the actions provided for in this programme shall be entered in the annual appropriations of the general budget of the European Union. The available appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

Justification

Cf. the amendment to the title of the legislative proposal.

Amendment 46

Article 15, paragraph 3, point (a)

a) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011;

a) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011, accompanied by the list of subsidised projects and measures;

Justification

It would be useful for the Commission to attach the list of subsidised projects and measures.

Amendment 47

Article 15, paragraph 3, point (c)

c) an ex post evaluation report no later than 31 December 2014,

c) an ex post evaluation report, on the implementation and results of the programme, no later than 31 December 2014,

Justification

It would be useful to make a final assessment of the results achieved during the whole period of application of the programme.

Amendment 106

Article 15 a (new)

 

Article 15a

 

Publication of projects

 

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

Justification

This is important for transparency.

PROCEDURE

Title

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 information’ as part of the General programme ‘Fundamental Rights and Justice’

References

COM(2005)0122 – C6‑0388/2005 – 2005/0037A(COD)

Committee responsible

FEMM

Opinion by
  Date announced in plenary

LIBE

30.11.2005

Enhanced cooperation – date announced in plenary

 

Drafts(wo)man
  Date appointed

Roberta Angelilli

23.1.2006

Previous drafts(wo)man

 

Discussed in committee

21.3.2006

19.4.2006

 

 

 

Date adopted

19.4.2006

Result of final vote

+ :
– :
0 :

34
0
1

Members present for the final vote

Alexander Nuno Alvaro, Roberta Angelilli, Edit Bauer, Mihael Brejc, Kathalijne Maria Buitenweg, Giusto Catania, Jean-Marie Cavada, Carlos Coelho, Fausto Correia, Patrick Gaubert, Timothy Kirkhope, Ewa Klamt, Magda Kósáné Kovács, Barbara Kudrycka, Stavros Lambrinidis, Romano Maria La Russa, Henrik Lax, Hartmut Nassauer, Athanasios Pafilis, Lapo Pistelli, Martine Roure, Inger Segelström, Manfred Weber, Stefano Zappalà, Tatjana Ždanoka

Substitute(s) present for the final vote

Panayiotis Demetriou, Gérard Deprez, Lutz Goepel, Jeanine Hennis-Plasschaert, María Esther Herranz García, Sophia in 't Veld, Bill Newton Dunn, Hubert Pirker, Herbert Reul, Marie-Line Reynaud

Substitute(s) under Rule 178(2) present for the final vote

María del Pilar Ayuso González, Luisa Fernanda Rudi Ubeda, José Ignacio Salafranca Sánchez-Neyra

Comments (available in one language only)

.

  • [1]  Not yet published in OJ.

PROCEDURE

Title

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 information" as part of the General programme "Fundamental Rights and Justice"

References

COM(2005)0122 – C6‑0388/2005 – 2005/0037A(COD)

Date submitted to Parliament

6.4.2005

Committee responsible
  Date announced in plenary

FEMM
30.11.2005

Committee(s) asked for opinion(s)
  Date announced in plenary

LIBE
30.11.2005

BUDG
30.11.2005


 

 

Not delivering opinion(s)
  Date of decision

BUDG
6.3.2006

 

 

 

 

Enhanced cooperation
  Date announced in plenary


 

 

 

 

Rapporteur(s)
  Date appointed

Lissy Gröner
24.11.2005

 

Previous rapporteur(s)

 

 

Simplified procedure – date of decision

 

Legal basis disputed
  Date of JURI opinion


/


Financial endowment amended
  Date of BUDG opinion


/


European Economic and Social Committee consulted – date of decision in plenary

 

Committee of the Regions consulted – date of decision in plenary

 

Discussed in committee

21.3.2006

24.4.2006

15.5.2006

 

 

Date adopted

15.5.2006

Result of final vote

+:

–:

0:

20

0

1

Members present for the final vote

Edit Bauer, Emine Bozkurt, Maria Carlshamre, Věra Flasarová, Lissy Gröner, Zita Gurmai, María Esther Herranz García, Rodi Kratsa-Tsagaropoulou, Urszula Krupa, Marie Panayotopoulos-Cassiotou, Christa Prets, Raül Romeva i Rueda, Amalia Sartori, Eva-Britt Svensson, Anne Van Lancker, Corien Wortmann-Kool, Anna Záborská

Substitute(s) present for the final vote

Jillian Evans, Iratxe García Pérez, Anna Hedh, Marta Vincenzi

Substitute(s) under Rule 178(2) present for the final vote

 

Date tabled

19.5.2006

Comments (available in one language only)

...