The Committee on\nWomen’s Rights and Gender Equality adopted an own-initiative\nreport by Roberta ANGELILLI (EPP, IT) on the prevention of\nage-related diseases of women.
\nAlthough women have a longer life expectancy at birth\nthan men (82.4 years for women as opposed to 76.4 years for men),\nMembers note that the gap in healthy life expectancy is more narrow\nbeing 61.7 years for men and 62.6 years for women. They have\ntherefore need of sufficient access to health care and home\nhelp to enable them to enjoy equal rights and live independent\nlives.
\nMembers note that women\noften choose flexible home-based, part-time, temporary or atypical\nemployment, thereby compromising their career advancement, with\nmajor consequences in terms of their pension contributions, making\nthem particularly vulnerable to situations of insecurity and\npoverty. Concrete and effective measures, such as the adoption of\nthe Directive on equal treatment, are called for with a view to\ncombating the multiple forms of discrimination faced by older\nwomen.
\nTo favour active ageing in good health, Members\nrecommend:
\nMembers call for the\npublication of an assessment of the impact of the economic and\nfinancial crisis on elderly women, focusing on access to\npreventive health care and treatment. They note that public\nspending on health accounts for 7.8 % of EU GDP and that, because\nof population ageing, expenditure on long- and short-term\nassistance is predicted to rise by 3 % by 2060. They call upon the\nMember States to strike a fine balance between implementing drastic\nmeasures to fight the financial and economic crisis and providing\nsufficient and adequate funding for health and social care. They\nalso call on the Commission and the Member States to fully\nrecognise the gender dimension in health as an essential part in EU\nhealth policies and national health policies.
\nAge-related illnesses: Members point out that many\ndisorders are often underestimated where women are concerned, for\nexample, heart diseases which are considered to be a male\nproblem (whereas cardiovascular diseases kill more than two million\npeople a year in the Member States, accounting for 42 % of all\ndeaths in the EU and are the cause of 45 % of deaths among women\ncompared with 38 % among men). Measures aimed at raising\nawareness among women of the risk factors involved in\ncardiovascular diseases are required.
\nMembers also mention the problem of increased\nalcohol consumption among older women in Europe, and the\nrising number of female smokers. They call on the Member States and\nthe Commission to adopt programmes to discourage smoking,\naimed especially at young women (the WHO estimates that the\npercentage of female smokers in Europe will increase from the\npresent 12 % to roughly 20 % by 2025). The Commission should also\nencourage initiatives to improve information on the risks\nassociated with smoking and drinking and on the benefits of a\nproper diet and sufficient exercise, these being ways to prevent\nobesity, high blood pressure, and the related\ncomplications.
\nOther awareness programmes should be initiated in\norder to better inform the public about diseases of the bones and\njoints and Alzheimer’s disease which affects about 1\nperson in 20 over 65, 1 in 5 over 80 and 1 in 3 over 90. A holistic\nand gender-sensitive approach to Alzheimer's disease and other\ndementias is called for.
\nMembers also call on the Commission to\nprepare:
\nAccess to health services: Members call on the Member States to support the\ninitiatives needed to help older women access medical and health\nservices, including women living far from larger centres and in\nareas difficult to access. They call on the Member States to\nfurther develop eHealth services and gender-sensitive\nambient-assisted living solutions in order to promote\nindependent living at home, and to make health services more\nefficient and accessible for older women who are\nisolated.
\nIn particular, Members call for:
\nResearch and prevention: Members note wit concern EU research results published\nin April 2011 showing that some 28% of women aged 60 years or older\nhave been mistreated in the last 12 months. They take the view that\npriority must be given to the protection of the elderly from\nabuse, mistreatment, neglect and exploitation, whether\nintentional and deliberate or resulting from carelessness. They\ncall on the Member States to strengthen their actions to prevent\nelder abuse at home and in institutions.
\nIn regard to research, they call for the development,\nin the context of Horizon 2020, of a strategic plan of research\ninto health care for women over the next decade and the creation of\na women's health research institute to ensure implementation\nthereof.
\nIn respect of prevention, Members call on the Council,\nthe Commission and the Member States, each at their own level,\nto:
\nMembers also call on the Commission to:
\nRegretting the fact that 97 % of health budgets is\nearmarked for the treatment of non-communicable diseases and only 3\n% for investment in prevention, Member States are called on to\nincrease their health budget to include prevention activities.\nThey are also invited to:
\nThe Committee on\nWomen’s Rights and Gender Equality adopted an own-initiative\nreport by Roberta ANGELILLI (EPP, IT) on the prevention of\nage-related diseases of women.
\nAlthough women have a longer life expectancy at birth\nthan men (82.4 years for women as opposed to 76.4 years for men),\nMembers note that the gap in healthy life expectancy is more narrow\nbeing 61.7 years for men and 62.6 years for women. They have\ntherefore need of sufficient access to health care and home\nhelp to enable them to enjoy equal rights and live independent\nlives.
\nMembers note that women\noften choose flexible home-based, part-time, temporary or atypical\nemployment, thereby compromising their career advancement, with\nmajor consequences in terms of their pension contributions, making\nthem particularly vulnerable to situations of insecurity and\npoverty. Concrete and effective measures, such as the adoption of\nthe Directive on equal treatment, are called for with a view to\ncombating the multiple forms of discrimination faced by older\nwomen.
\nTo favour active ageing in good health, Members\nrecommend:
\nMembers call for the\npublication of an assessment of the impact of the economic and\nfinancial crisis on elderly women, focusing on access to\npreventive health care and treatment. They note that public\nspending on health accounts for 7.8 % of EU GDP and that, because\nof population ageing, expenditure on long- and short-term\nassistance is predicted to rise by 3 % by 2060. They call upon the\nMember States to strike a fine balance between implementing drastic\nmeasures to fight the financial and economic crisis and providing\nsufficient and adequate funding for health and social care. They\nalso call on the Commission and the Member States to fully\nrecognise the gender dimension in health as an essential part in EU\nhealth policies and national health policies.
\nAge-related illnesses: Members point out that many\ndisorders are often underestimated where women are concerned, for\nexample, heart diseases which are considered to be a male\nproblem (whereas cardiovascular diseases kill more than two million\npeople a year in the Member States, accounting for 42 % of all\ndeaths in the EU and are the cause of 45 % of deaths among women\ncompared with 38 % among men). Measures aimed at raising\nawareness among women of the risk factors involved in\ncardiovascular diseases are required.
\nMembers also mention the problem of increased\nalcohol consumption among older women in Europe, and the\nrising number of female smokers. They call on the Member States and\nthe Commission to adopt programmes to discourage smoking,\naimed especially at young women (the WHO estimates that the\npercentage of female smokers in Europe will increase from the\npresent 12 % to roughly 20 % by 2025). The Commission should also\nencourage initiatives to improve information on the risks\nassociated with smoking and drinking and on the benefits of a\nproper diet and sufficient exercise, these being ways to prevent\nobesity, high blood pressure, and the related\ncomplications.
\nOther awareness programmes should be initiated in\norder to better inform the public about diseases of the bones and\njoints and Alzheimer’s disease which affects about 1\nperson in 20 over 65, 1 in 5 over 80 and 1 in 3 over 90. A holistic\nand gender-sensitive approach to Alzheimer's disease and other\ndementias is called for.
\nMembers also call on the Commission to\nprepare:
\nAccess to health services: Members call on the Member States to support the\ninitiatives needed to help older women access medical and health\nservices, including women living far from larger centres and in\nareas difficult to access. They call on the Member States to\nfurther develop eHealth services and gender-sensitive\nambient-assisted living solutions in order to promote\nindependent living at home, and to make health services more\nefficient and accessible for older women who are\nisolated.
\nIn particular, Members call for:
\nResearch and prevention: Members note wit concern EU research results published\nin April 2011 showing that some 28% of women aged 60 years or older\nhave been mistreated in the last 12 months. They take the view that\npriority must be given to the protection of the elderly from\nabuse, mistreatment, neglect and exploitation, whether\nintentional and deliberate or resulting from carelessness. They\ncall on the Member States to strengthen their actions to prevent\nelder abuse at home and in institutions.
\nIn regard to research, they call for the development,\nin the context of Horizon 2020, of a strategic plan of research\ninto health care for women over the next decade and the creation of\na women's health research institute to ensure implementation\nthereof.
\nIn respect of prevention, Members call on the Council,\nthe Commission and the Member States, each at their own level,\nto:
\nMembers also call on the Commission to:
\nRegretting the fact that 97 % of health budgets is\nearmarked for the treatment of non-communicable diseases and only 3\n% for investment in prevention, Member States are called on to\nincrease their health budget to include prevention activities.\nThey are also invited to:
\nPURPOSE: to establish for the period 2014-2020 the\nRights and Citizens Programme, following on from the\nFundamental Rights and\nCitizenship, Daphne III, The Sections\n\"Antidiscrimination and Diversity\" and \"Gender Equality\" of the\nProgramme for Employment and Social Solidarity (PROGRESS) from\n2007-2013.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: the Union is\nstill faced with many challenges such as the insufficient or\ninconsistent implementation of certain rights across the Union or a\nlack of awareness about certain Union legislation both by citizens\nand public authorities. Legislative and policy measures as well as\ntheir coherent implementation are key tools. Funding can contribute\nto the development of this area through supporting legislation and\npolicy-making and promoting their implementation.
\nIn accordance with the Communication on the EU Budget\nReview, a fresh look was taken at the existing\nfunding instruments and delivery mechanisms to ensure clear focus\non European added value and to cater for rationalisation and\nsimplification of the funding mechanisms. In ‘A Budget for Europe\n2020’, the Commission identified the need\nfor a simpler and more transparent budget to overcome the problems\nthat arise from the complexity of programme structures and the\nexistence of multiple programmes. The area of Rights was mentioned\nas an example of the existing fragmentation, where action should be\ntaken.
\nWithin this framework and aiming at simplification and\nrationalisation, the Rights and Citizenship Programme is the\nsuccessor of three current programmes:
\nThe merge of these programmes will allow for a\ncomprehensive funding approach in this area.
\nIMPACT ASSESSMENT: one impact assessment was\ncarried out concerning the future funding activities for the whole\narea of justice, rights and equality, which currently comprises six\nprogrammes (Civil Justice Programme, the Criminal Justice Programme, the Fundamental Rights and\nCitizenship Programme, the Daphne III Programme, the Drug Prevention and\nInformation Programme and the sections \"Antidiscrimination\nand Diversity\" and \"Gender Equality\" of the Programme for\nEmployment and Social Solidarity (PROGRESS)).
\nThe impact assessment has considered three\noptions:
\nResulting from the analysis and comparison of\nthe options, the preferred option is the implementation of\ntwo programmes which would cover the funding needs of all\npolicy areas (option B). In comparison to the status quo\noption B presents clear advantages and no disadvantage.
\nLEGAL BASIS: Articles 19(2),\n21(2), 114, 168, 169 and 197 of the Treaty on the Functioning of\nthe European Union (TFEU).
\nCONTENT: with this proposed Regulation, the\nCommission proposes to establish a new European Union Programme on\nRights and Citizenship for 2014-2020.
\nGeneral objective: the\ngeneral objective of the Programme shall be to contribute to the\ncreation of an area, where the rights of persons, as enshrined in\nthe Treaty on the Functioning of the European Union and the Charter\nof Fundamental Rights of the European Union, are promoted and\nprotected.
\nSpecific objectives: to\nachieve the general objective, the Programme shall have the\nfollowing specific objectives:
\nThe indicators to measure the achievement of the\nobjectives shall be, inter alia, the European perception of\nthe respect, exercise and implementation of these rights and the\nnumber of complaints.
\nActions financed: the\nProgramme shall finance inter alia the following types of\nactions:
\nEuropean added value:\nthe Commission shall ensure that the actions selected for funding\nare intended to produce results with European added value and shall\nmonitor whether European added value was actually achieved through\nthe final results of the actions financed by the\nProgramme.
\nImplementation: in\nimplementing this Regulation the Commission will establish annually\nthe funding priorities in the respective policy areas. The\nProgramme can make use of all financial instruments foreseen in the\nFinancial Regulation. The Commission may use, on the basis\nof a cost-benefit analysis, an existing executive agency for the\nimplementation of the programme, as provided for in Council\nRegulation (EC) No 58/2003 of 19 December 2002 laying down the\nstatute for executive agencies to be entrusted with certain tasks\nin the management of Community programmes.
\nThe programme may share resources with other Union\ninstruments, in particular the Justice programme, in order\nto implement actions meeting the objectives of both\nprogrammes.
\nParticipation: access to\nthe Programme shall be open to all public and/or private bodies and\nentities legally established in: (a) Member States; (b) EFTA\ncountries which are party to the EEA Agreement, in accordance with\nthe conditions laid down in the EEA Agreement; (c) accession\ncountries, candidate countries and potential candidates. Under the\nProgramme, the Commission may cooperate with the international\norganisations active in the areas covered by the Programme, such as\nthe Council of Europe, the Organisation for Economic Cooperation\nand Development (OECD) and the United Nations. Access to the\nProgramme shall be open to those international\norganisations.
\nMonitoring and evaluation: the Commission shall monitor the Programme\nregularly. The monitoring shall also provide a means of assessing\nthe way in which gender equality and anti-discrimination issues\nhave been addressed across the programme’s actions. Where\nrelevant, indicators should be disaggregated by sex, age and\ndisability. The Commission shall provide the European Parliament\nand the Council with: (a) an interim evaluation report by mid-2018\nat the latest; (b) an ex-post evaluation report.
\nComplementarity: the\nCommission shall ensure overall consistency and complementarity and\nsynergies with other Union instruments, inter alia, with the\nJustice programme, the Europe for Citizens programme and with\nprogrammes in the areas of home affairs; employment and social\naffairs; health and consumer protection; education, training, youth\nand sport; information society; enlargement, in particular the\nInstrument for Preaccession Assistance and the funds operating\nunder the Common Strategic Framework (CSF funds).
\nBUDGETARY IMPLICATION: the financial envelope for the\nimplementation of the Rights and Citizenship Programme for the\nperiod 1 January 2014 to 31 December 2020 shall amount to EUR\n439 million.
\nThe Council reached\na partial general approach on two proposals for regulations\nestablishing the financing programmes in the area of justice and\nfundamental rights within the framework of the Multiannual\nFinancial Framework for the period 2014-2020. Those texts will now\nform the basis for the negotiations with the European Parliament\nwith a view to reaching agreement. In both proposals, the\nprovisions regarding the financial envelope are excluded from the\nscope of the partial general approach since they will be negotiated\nat a horizontal level.
\n- The first\nproposal concerns the Justice programme, a funding\nprogramme aiming to support actions with European added value in\nthe area of judicial cooperation in civil and criminal matters and\njudicial training.
\n- The second\nproposal concerns the Rights, Equality and Citizenship programme\n(see 10642/12) which is the\nsuccessor to three existing programmes: Fundamental Rights and\nCitizenship, Daphne III and the \"Antidiscrimination and Diversity\"\nand \"Gender Equality\" sections of the Programme for Employment and\nSocial Solidarity (PROGRESS). The new programme aims to contribute\nto the creation of an area where the rights of persons, as\nenshrined in the Treaty of the Functioning of the European Union\nand in the Charter of Fundamental Rights of the EU, are respected,\npromoted and protected. Accordingly the programme will support\nactions in the areas of Union citizenship, non-discrimination on\ngrounds of sex, racial or ethnic origin, religion or belief,\ndisability, age or sexual orientation, xenophobia and other forms\nof intolerance; prevention and combating violence against children,\nyoung people and women, protection of victims and groups at risk;\ndata protection; rights of the child and consumer and business\nrights in the internal market.
\nMain provisions\nintroduced by the Council:
\nPURPOSE: to establish for the period 2014-2020 the\nRights and Citizens Programme, following on from the\nFundamental Rights and\nCitizenship, Daphne III, The Sections\n\"Antidiscrimination and Diversity\" and \"Gender Equality\" of the\nProgramme for Employment and Social Solidarity (PROGRESS) from\n2007-2013.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: the Union is\nstill faced with many challenges such as the insufficient or\ninconsistent implementation of certain rights across the Union or a\nlack of awareness about certain Union legislation both by citizens\nand public authorities. Legislative and policy measures as well as\ntheir coherent implementation are key tools. Funding can contribute\nto the development of this area through supporting legislation and\npolicy-making and promoting their implementation.
\nIn accordance with the Communication on the EU Budget\nReview, a fresh look was taken at the existing\nfunding instruments and delivery mechanisms to ensure clear focus\non European added value and to cater for rationalisation and\nsimplification of the funding mechanisms. In ‘A Budget for Europe\n2020’, the Commission identified the need\nfor a simpler and more transparent budget to overcome the problems\nthat arise from the complexity of programme structures and the\nexistence of multiple programmes. The area of Rights was mentioned\nas an example of the existing fragmentation, where action should be\ntaken.
\nWithin this framework and aiming at simplification and\nrationalisation, the Rights and Citizenship Programme is the\nsuccessor of three current programmes:
\nThe merge of these programmes will allow for a\ncomprehensive funding approach in this area.
\nIMPACT ASSESSMENT: one impact assessment was\ncarried out concerning the future funding activities for the whole\narea of justice, rights and equality, which currently comprises six\nprogrammes (Civil Justice Programme, the Criminal Justice Programme, the Fundamental Rights and\nCitizenship Programme, the Daphne III Programme, the Drug Prevention and\nInformation Programme and the sections \"Antidiscrimination\nand Diversity\" and \"Gender Equality\" of the Programme for\nEmployment and Social Solidarity (PROGRESS)).
\nThe impact assessment has considered three\noptions:
\nResulting from the analysis and comparison of\nthe options, the preferred option is the implementation of\ntwo programmes which would cover the funding needs of all\npolicy areas (option B). In comparison to the status quo\noption B presents clear advantages and no disadvantage.
\nLEGAL BASIS: Articles 19(2),\n21(2), 114, 168, 169 and 197 of the Treaty on the Functioning of\nthe European Union (TFEU).
\nCONTENT: with this proposed Regulation, the\nCommission proposes to establish a new European Union Programme on\nRights and Citizenship for 2014-2020.
\nGeneral objective: the\ngeneral objective of the Programme shall be to contribute to the\ncreation of an area, where the rights of persons, as enshrined in\nthe Treaty on the Functioning of the European Union and the Charter\nof Fundamental Rights of the European Union, are promoted and\nprotected.
\nSpecific objectives: to\nachieve the general objective, the Programme shall have the\nfollowing specific objectives:
\nThe indicators to measure the achievement of the\nobjectives shall be, inter alia, the European perception of\nthe respect, exercise and implementation of these rights and the\nnumber of complaints.
\nActions financed: the\nProgramme shall finance inter alia the following types of\nactions:
\nEuropean added value:\nthe Commission shall ensure that the actions selected for funding\nare intended to produce results with European added value and shall\nmonitor whether European added value was actually achieved through\nthe final results of the actions financed by the\nProgramme.
\nImplementation: in\nimplementing this Regulation the Commission will establish annually\nthe funding priorities in the respective policy areas. The\nProgramme can make use of all financial instruments foreseen in the\nFinancial Regulation. The Commission may use, on the basis\nof a cost-benefit analysis, an existing executive agency for the\nimplementation of the programme, as provided for in Council\nRegulation (EC) No 58/2003 of 19 December 2002 laying down the\nstatute for executive agencies to be entrusted with certain tasks\nin the management of Community programmes.
\nThe programme may share resources with other Union\ninstruments, in particular the Justice programme, in order\nto implement actions meeting the objectives of both\nprogrammes.
\nParticipation: access to\nthe Programme shall be open to all public and/or private bodies and\nentities legally established in: (a) Member States; (b) EFTA\ncountries which are party to the EEA Agreement, in accordance with\nthe conditions laid down in the EEA Agreement; (c) accession\ncountries, candidate countries and potential candidates. Under the\nProgramme, the Commission may cooperate with the international\norganisations active in the areas covered by the Programme, such as\nthe Council of Europe, the Organisation for Economic Cooperation\nand Development (OECD) and the United Nations. Access to the\nProgramme shall be open to those international\norganisations.
\nMonitoring and evaluation: the Commission shall monitor the Programme\nregularly. The monitoring shall also provide a means of assessing\nthe way in which gender equality and anti-discrimination issues\nhave been addressed across the programme’s actions. Where\nrelevant, indicators should be disaggregated by sex, age and\ndisability. The Commission shall provide the European Parliament\nand the Council with: (a) an interim evaluation report by mid-2018\nat the latest; (b) an ex-post evaluation report.
\nComplementarity: the\nCommission shall ensure overall consistency and complementarity and\nsynergies with other Union instruments, inter alia, with the\nJustice programme, the Europe for Citizens programme and with\nprogrammes in the areas of home affairs; employment and social\naffairs; health and consumer protection; education, training, youth\nand sport; information society; enlargement, in particular the\nInstrument for Preaccession Assistance and the funds operating\nunder the Common Strategic Framework (CSF funds).
\nBUDGETARY IMPLICATION: the financial envelope for the\nimplementation of the Rights and Citizenship Programme for the\nperiod 1 January 2014 to 31 December 2020 shall amount to EUR\n439 million.
\nPURPOSE: to establish for the period 2014-2020 the\nRights and Citizens Programme, following on from the\nFundamental Rights and\nCitizenship, Daphne III, The Sections\n\"Antidiscrimination and Diversity\" and \"Gender Equality\" of the\nProgramme for Employment and Social Solidarity (PROGRESS) from\n2007-2013.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: the Union is\nstill faced with many challenges such as the insufficient or\ninconsistent implementation of certain rights across the Union or a\nlack of awareness about certain Union legislation both by citizens\nand public authorities. Legislative and policy measures as well as\ntheir coherent implementation are key tools. Funding can contribute\nto the development of this area through supporting legislation and\npolicy-making and promoting their implementation.
\nIn accordance with the Communication on the EU Budget\nReview, a fresh look was taken at the existing\nfunding instruments and delivery mechanisms to ensure clear focus\non European added value and to cater for rationalisation and\nsimplification of the funding mechanisms. In ‘A Budget for Europe\n2020’, the Commission identified the need\nfor a simpler and more transparent budget to overcome the problems\nthat arise from the complexity of programme structures and the\nexistence of multiple programmes. The area of Rights was mentioned\nas an example of the existing fragmentation, where action should be\ntaken.
\nWithin this framework and aiming at simplification and\nrationalisation, the Rights and Citizenship Programme is the\nsuccessor of three current programmes:
\nThe merge of these programmes will allow for a\ncomprehensive funding approach in this area.
\nIMPACT ASSESSMENT: one impact assessment was\ncarried out concerning the future funding activities for the whole\narea of justice, rights and equality, which currently comprises six\nprogrammes (Civil Justice Programme, the Criminal Justice Programme, the Fundamental Rights and\nCitizenship Programme, the Daphne III Programme, the Drug Prevention and\nInformation Programme and the sections \"Antidiscrimination\nand Diversity\" and \"Gender Equality\" of the Programme for\nEmployment and Social Solidarity (PROGRESS)).
\nThe impact assessment has considered three\noptions:
\nResulting from the analysis and comparison of\nthe options, the preferred option is the implementation of\ntwo programmes which would cover the funding needs of all\npolicy areas (option B). In comparison to the status quo\noption B presents clear advantages and no disadvantage.
\nLEGAL BASIS: Articles 19(2),\n21(2), 114, 168, 169 and 197 of the Treaty on the Functioning of\nthe European Union (TFEU).
\nCONTENT: with this proposed Regulation, the\nCommission proposes to establish a new European Union Programme on\nRights and Citizenship for 2014-2020.
\nGeneral objective: the\ngeneral objective of the Programme shall be to contribute to the\ncreation of an area, where the rights of persons, as enshrined in\nthe Treaty on the Functioning of the European Union and the Charter\nof Fundamental Rights of the European Union, are promoted and\nprotected.
\nSpecific objectives: to\nachieve the general objective, the Programme shall have the\nfollowing specific objectives:
\nThe indicators to measure the achievement of the\nobjectives shall be, inter alia, the European perception of\nthe respect, exercise and implementation of these rights and the\nnumber of complaints.
\nActions financed: the\nProgramme shall finance inter alia the following types of\nactions:
\nEuropean added value:\nthe Commission shall ensure that the actions selected for funding\nare intended to produce results with European added value and shall\nmonitor whether European added value was actually achieved through\nthe final results of the actions financed by the\nProgramme.
\nImplementation: in\nimplementing this Regulation the Commission will establish annually\nthe funding priorities in the respective policy areas. The\nProgramme can make use of all financial instruments foreseen in the\nFinancial Regulation. The Commission may use, on the basis\nof a cost-benefit analysis, an existing executive agency for the\nimplementation of the programme, as provided for in Council\nRegulation (EC) No 58/2003 of 19 December 2002 laying down the\nstatute for executive agencies to be entrusted with certain tasks\nin the management of Community programmes.
\nThe programme may share resources with other Union\ninstruments, in particular the Justice programme, in order\nto implement actions meeting the objectives of both\nprogrammes.
\nParticipation: access to\nthe Programme shall be open to all public and/or private bodies and\nentities legally established in: (a) Member States; (b) EFTA\ncountries which are party to the EEA Agreement, in accordance with\nthe conditions laid down in the EEA Agreement; (c) accession\ncountries, candidate countries and potential candidates. Under the\nProgramme, the Commission may cooperate with the international\norganisations active in the areas covered by the Programme, such as\nthe Council of Europe, the Organisation for Economic Cooperation\nand Development (OECD) and the United Nations. Access to the\nProgramme shall be open to those international\norganisations.
\nMonitoring and evaluation: the Commission shall monitor the Programme\nregularly. The monitoring shall also provide a means of assessing\nthe way in which gender equality and anti-discrimination issues\nhave been addressed across the programme’s actions. Where\nrelevant, indicators should be disaggregated by sex, age and\ndisability. The Commission shall provide the European Parliament\nand the Council with: (a) an interim evaluation report by mid-2018\nat the latest; (b) an ex-post evaluation report.
\nComplementarity: the\nCommission shall ensure overall consistency and complementarity and\nsynergies with other Union instruments, inter alia, with the\nJustice programme, the Europe for Citizens programme and with\nprogrammes in the areas of home affairs; employment and social\naffairs; health and consumer protection; education, training, youth\nand sport; information society; enlargement, in particular the\nInstrument for Preaccession Assistance and the funds operating\nunder the Common Strategic Framework (CSF funds).
\nBUDGETARY IMPLICATION: the financial envelope for the\nimplementation of the Rights and Citizenship Programme for the\nperiod 1 January 2014 to 31 December 2020 shall amount to EUR\n439 million.
\nThe Council reached\na partial general approach on two proposals for regulations\nestablishing the financing programmes in the area of justice and\nfundamental rights within the framework of the Multiannual\nFinancial Framework for the period 2014-2020. Those texts will now\nform the basis for the negotiations with the European Parliament\nwith a view to reaching agreement. In both proposals, the\nprovisions regarding the financial envelope are excluded from the\nscope of the partial general approach since they will be negotiated\nat a horizontal level.
\n- The first\nproposal concerns the Justice programme, a funding\nprogramme aiming to support actions with European added value in\nthe area of judicial cooperation in civil and criminal matters and\njudicial training.
\n- The second\nproposal concerns the Rights, Equality and Citizenship programme\n(see 10642/12) which is the\nsuccessor to three existing programmes: Fundamental Rights and\nCitizenship, Daphne III and the \"Antidiscrimination and Diversity\"\nand \"Gender Equality\" sections of the Programme for Employment and\nSocial Solidarity (PROGRESS). The new programme aims to contribute\nto the creation of an area where the rights of persons, as\nenshrined in the Treaty of the Functioning of the European Union\nand in the Charter of Fundamental Rights of the EU, are respected,\npromoted and protected. Accordingly the programme will support\nactions in the areas of Union citizenship, non-discrimination on\ngrounds of sex, racial or ethnic origin, religion or belief,\ndisability, age or sexual orientation, xenophobia and other forms\nof intolerance; prevention and combating violence against children,\nyoung people and women, protection of victims and groups at risk;\ndata protection; rights of the child and consumer and business\nrights in the internal market.
\nMain provisions\nintroduced by the Council:
\nThe Council reached\na partial general approach on two proposals for regulations\nestablishing the financing programmes in the area of justice and\nfundamental rights within the framework of the Multiannual\nFinancial Framework for the period 2014-2020. Those texts will now\nform the basis for the negotiations with the European Parliament\nwith a view to reaching agreement. In both proposals, the\nprovisions regarding the financial envelope are excluded from the\nscope of the partial general approach since they will be negotiated\nat a horizontal level.
\n- The first\nproposal concerns the Justice programme, a funding\nprogramme aiming to support actions with European added value in\nthe area of judicial cooperation in civil and criminal matters and\njudicial training.
\n- The second\nproposal concerns the Rights, Equality and Citizenship programme\n(see 10642/12) which is the\nsuccessor to three existing programmes: Fundamental Rights and\nCitizenship, Daphne III and the \"Antidiscrimination and Diversity\"\nand \"Gender Equality\" sections of the Programme for Employment and\nSocial Solidarity (PROGRESS). The new programme aims to contribute\nto the creation of an area where the rights of persons, as\nenshrined in the Treaty of the Functioning of the European Union\nand in the Charter of Fundamental Rights of the EU, are respected,\npromoted and protected. Accordingly the programme will support\nactions in the areas of Union citizenship, non-discrimination on\ngrounds of sex, racial or ethnic origin, religion or belief,\ndisability, age or sexual orientation, xenophobia and other forms\nof intolerance; prevention and combating violence against children,\nyoung people and women, protection of victims and groups at risk;\ndata protection; rights of the child and consumer and business\nrights in the internal market.
\nMain provisions\nintroduced by the Council:
\nThe Council reached\na partial general approach on two proposals for regulations\nestablishing the financing programmes in the area of justice and\nfundamental rights within the framework of the Multiannual\nFinancial Framework for the period 2014-2020. Those texts will now\nform the basis for the negotiations with the European Parliament\nwith a view to reaching agreement. In both proposals, the\nprovisions regarding the financial envelope are excluded from the\nscope of the partial general approach since they will be negotiated\nat a horizontal level.
\n- The first\nproposal concerns the Justice programme, a funding\nprogramme aiming to support actions with European added value in\nthe area of judicial cooperation in civil and criminal matters and\njudicial training.
\n- The second\nproposal concerns the Rights, Equality and Citizenship programme\n(see 10642/12) which is the\nsuccessor to three existing programmes: Fundamental Rights and\nCitizenship, Daphne III and the \"Antidiscrimination and Diversity\"\nand \"Gender Equality\" sections of the Programme for Employment and\nSocial Solidarity (PROGRESS). The new programme aims to contribute\nto the creation of an area where the rights of persons, as\nenshrined in the Treaty of the Functioning of the European Union\nand in the Charter of Fundamental Rights of the EU, are respected,\npromoted and protected. Accordingly the programme will support\nactions in the areas of Union citizenship, non-discrimination on\ngrounds of sex, racial or ethnic origin, religion or belief,\ndisability, age or sexual orientation, xenophobia and other forms\nof intolerance; prevention and combating violence against children,\nyoung people and women, protection of victims and groups at risk;\ndata protection; rights of the child and consumer and business\nrights in the internal market.
\nMain provisions\nintroduced by the Council:
\nThe Council reached\na partial general approach on two proposals for regulations\nestablishing the financing programmes in the area of justice and\nfundamental rights within the framework of the Multiannual\nFinancial Framework for the period 2014-2020. Those texts will now\nform the basis for the negotiations with the European Parliament\nwith a view to reaching agreement. In both proposals, the\nprovisions regarding the financial envelope are excluded from the\nscope of the partial general approach since they will be negotiated\nat a horizontal level.
\n- The first\nproposal concerns the Justice programme, a funding\nprogramme aiming to support actions with European added value in\nthe area of judicial cooperation in civil and criminal matters and\njudicial training.
\n- The second\nproposal concerns the Rights, Equality and Citizenship programme\n(see 10642/12) which is the\nsuccessor to three existing programmes: Fundamental Rights and\nCitizenship, Daphne III and the \"Antidiscrimination and Diversity\"\nand \"Gender Equality\" sections of the Programme for Employment and\nSocial Solidarity (PROGRESS). The new programme aims to contribute\nto the creation of an area where the rights of persons, as\nenshrined in the Treaty of the Functioning of the European Union\nand in the Charter of Fundamental Rights of the EU, are respected,\npromoted and protected. Accordingly the programme will support\nactions in the areas of Union citizenship, non-discrimination on\ngrounds of sex, racial or ethnic origin, religion or belief,\ndisability, age or sexual orientation, xenophobia and other forms\nof intolerance; prevention and combating violence against children,\nyoung people and women, protection of victims and groups at risk;\ndata protection; rights of the child and consumer and business\nrights in the internal market.
\nMain provisions\nintroduced by the Council:
\nPURPOSE: to establish for the period 2014-2020 the\nRights and Citizens Programme, following on from the\nFundamental Rights and\nCitizenship, Daphne III, The Sections\n\"Antidiscrimination and Diversity\" and \"Gender Equality\" of the\nProgramme for Employment and Social Solidarity (PROGRESS) from\n2007-2013.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: the Union is\nstill faced with many challenges such as the insufficient or\ninconsistent implementation of certain rights across the Union or a\nlack of awareness about certain Union legislation both by citizens\nand public authorities. Legislative and policy measures as well as\ntheir coherent implementation are key tools. Funding can contribute\nto the development of this area through supporting legislation and\npolicy-making and promoting their implementation.
\nIn accordance with the Communication on the EU Budget\nReview, a fresh look was taken at the existing\nfunding instruments and delivery mechanisms to ensure clear focus\non European added value and to cater for rationalisation and\nsimplification of the funding mechanisms. In ‘A Budget for Europe\n2020’, the Commission identified the need\nfor a simpler and more transparent budget to overcome the problems\nthat arise from the complexity of programme structures and the\nexistence of multiple programmes. The area of Rights was mentioned\nas an example of the existing fragmentation, where action should be\ntaken.
\nWithin this framework and aiming at simplification and\nrationalisation, the Rights and Citizenship Programme is the\nsuccessor of three current programmes:
\nThe merge of these programmes will allow for a\ncomprehensive funding approach in this area.
\nIMPACT ASSESSMENT: one impact assessment was\ncarried out concerning the future funding activities for the whole\narea of justice, rights and equality, which currently comprises six\nprogrammes (Civil Justice Programme, the Criminal Justice Programme, the Fundamental Rights and\nCitizenship Programme, the Daphne III Programme, the Drug Prevention and\nInformation Programme and the sections \"Antidiscrimination\nand Diversity\" and \"Gender Equality\" of the Programme for\nEmployment and Social Solidarity (PROGRESS)).
\nThe impact assessment has considered three\noptions:
\nResulting from the analysis and comparison of\nthe options, the preferred option is the implementation of\ntwo programmes which would cover the funding needs of all\npolicy areas (option B). In comparison to the status quo\noption B presents clear advantages and no disadvantage.
\nLEGAL BASIS: Articles 19(2),\n21(2), 114, 168, 169 and 197 of the Treaty on the Functioning of\nthe European Union (TFEU).
\nCONTENT: with this proposed Regulation, the\nCommission proposes to establish a new European Union Programme on\nRights and Citizenship for 2014-2020.
\nGeneral objective: the\ngeneral objective of the Programme shall be to contribute to the\ncreation of an area, where the rights of persons, as enshrined in\nthe Treaty on the Functioning of the European Union and the Charter\nof Fundamental Rights of the European Union, are promoted and\nprotected.
\nSpecific objectives: to\nachieve the general objective, the Programme shall have the\nfollowing specific objectives:
\nThe indicators to measure the achievement of the\nobjectives shall be, inter alia, the European perception of\nthe respect, exercise and implementation of these rights and the\nnumber of complaints.
\nActions financed: the\nProgramme shall finance inter alia the following types of\nactions:
\nEuropean added value:\nthe Commission shall ensure that the actions selected for funding\nare intended to produce results with European added value and shall\nmonitor whether European added value was actually achieved through\nthe final results of the actions financed by the\nProgramme.
\nImplementation: in\nimplementing this Regulation the Commission will establish annually\nthe funding priorities in the respective policy areas. The\nProgramme can make use of all financial instruments foreseen in the\nFinancial Regulation. The Commission may use, on the basis\nof a cost-benefit analysis, an existing executive agency for the\nimplementation of the programme, as provided for in Council\nRegulation (EC) No 58/2003 of 19 December 2002 laying down the\nstatute for executive agencies to be entrusted with certain tasks\nin the management of Community programmes.
\nThe programme may share resources with other Union\ninstruments, in particular the Justice programme, in order\nto implement actions meeting the objectives of both\nprogrammes.
\nParticipation: access to\nthe Programme shall be open to all public and/or private bodies and\nentities legally established in: (a) Member States; (b) EFTA\ncountries which are party to the EEA Agreement, in accordance with\nthe conditions laid down in the EEA Agreement; (c) accession\ncountries, candidate countries and potential candidates. Under the\nProgramme, the Commission may cooperate with the international\norganisations active in the areas covered by the Programme, such as\nthe Council of Europe, the Organisation for Economic Cooperation\nand Development (OECD) and the United Nations. Access to the\nProgramme shall be open to those international\norganisations.
\nMonitoring and evaluation: the Commission shall monitor the Programme\nregularly. The monitoring shall also provide a means of assessing\nthe way in which gender equality and anti-discrimination issues\nhave been addressed across the programme’s actions. Where\nrelevant, indicators should be disaggregated by sex, age and\ndisability. The Commission shall provide the European Parliament\nand the Council with: (a) an interim evaluation report by mid-2018\nat the latest; (b) an ex-post evaluation report.
\nComplementarity: the\nCommission shall ensure overall consistency and complementarity and\nsynergies with other Union instruments, inter alia, with the\nJustice programme, the Europe for Citizens programme and with\nprogrammes in the areas of home affairs; employment and social\naffairs; health and consumer protection; education, training, youth\nand sport; information society; enlargement, in particular the\nInstrument for Preaccession Assistance and the funds operating\nunder the Common Strategic Framework (CSF funds).
\nBUDGETARY IMPLICATION: the financial envelope for the\nimplementation of the Rights and Citizenship Programme for the\nperiod 1 January 2014 to 31 December 2020 shall amount to EUR\n439 million.
\nThe Council reached\na partial general approach on two proposals for regulations\nestablishing the financing programmes in the area of justice and\nfundamental rights within the framework of the Multiannual\nFinancial Framework for the period 2014-2020. Those texts will now\nform the basis for the negotiations with the European Parliament\nwith a view to reaching agreement. In both proposals, the\nprovisions regarding the financial envelope are excluded from the\nscope of the partial general approach since they will be negotiated\nat a horizontal level.
\n- The first\nproposal concerns the Justice programme, a funding\nprogramme aiming to support actions with European added value in\nthe area of judicial cooperation in civil and criminal matters and\njudicial training.
\n- The second\nproposal concerns the Rights, Equality and Citizenship programme\n(see 10642/12) which is the\nsuccessor to three existing programmes: Fundamental Rights and\nCitizenship, Daphne III and the \"Antidiscrimination and Diversity\"\nand \"Gender Equality\" sections of the Programme for Employment and\nSocial Solidarity (PROGRESS). The new programme aims to contribute\nto the creation of an area where the rights of persons, as\nenshrined in the Treaty of the Functioning of the European Union\nand in the Charter of Fundamental Rights of the EU, are respected,\npromoted and protected. Accordingly the programme will support\nactions in the areas of Union citizenship, non-discrimination on\ngrounds of sex, racial or ethnic origin, religion or belief,\ndisability, age or sexual orientation, xenophobia and other forms\nof intolerance; prevention and combating violence against children,\nyoung people and women, protection of victims and groups at risk;\ndata protection; rights of the child and consumer and business\nrights in the internal market.
\nMain provisions\nintroduced by the Council:
\nPURPOSE: to recast Framework Decision\n2004/68/JHA on the sexual abuse, sexual exploitation of children\nand child pornography by including new provisions aimed at making\nit more effective.
\nPROPOSED ACT: Directive of European Parliament and of\nthe Council.
\nBACKGROUND: with regard to child victims, the main\ncause of this phenomenon is vulnerability resulting from a variety\nof factors. Insufficient response by law enforcement mechanisms\ncontributes to the prevalence of these phenomena, and the\ndifficulties are exacerbated because certain forms of offences\ntranscend national borders. Victims are reluctant to report abuse,\nvariations in national criminal law and procedure may give rise to\ndifferences in investigation and prosecution, and convicted\noffenders may continue to be dangerous after serving their\nsentences. Developments in information technology have made these\nproblems more acute by making it easier to produce and distribute\nchild sexual abuse images while offering offenders anonymity and\nspreading responsibility across jurisdictions. Ease of travel and\nincome differences fuel so-called child sex tourism, resulting\noften in child sex offenders committing offences abroad with\nimpunity.
\nNational legislation covers some of these problems, to\nvarying degrees. However, it is not strong or consistent enough\nto provide a vigorous social response to this disturbing\nphenomenon. The recent Council of Europe Convention CETS No.\n201 on the Protection of Children against Sexual Exploitation and\nSexual Abuse (\"the\nCOE Convention\") arguably constitutes the highest international\nstandard for protecting children against sexual abuse and\nexploitation to date. However, not all Member States have yet\nacceded to this Convention.
\nAt EU level, Council\nFramework Decision 2004/68/JHA, introduces a minimum of\napproximation of Member States' legislation to criminalise the most\nserious forms of child sexual abuse and exploitation, to extend\ndomestic jurisdiction, and to provide for a minimum of assistance\nto victims. Although the requirements have generally been put into\nimplementation, the Framework Decision has a number of\nshortcomings. It approximates legislation only on a limited number\nof offences, does not address new forms of abuse and exploitation\nusing information technology, does not remove obstacles to\nprosecuting offences outside national territory, does not meet all\nthe specific needs of child victims, and does not contain adequate\nmeasures to prevent offences. It is therefore necessary to recast\nthis text in order to respond to the needs of these new\nchallenges.
\nIt should be noted that this proposal would replace\nexisting legislation in place since 2004, and builds on a proposal\nmade on 25/03/2009. After the entry into force of the Lisbon\nTreaty, this proposal has to be reshaped. This will allow the\nCommission to verify that EU law is correctly translated into\nnational rules and take those countries that are not complying to\nCourt.
\nIMPACT ASSESSMENT: the Commission considered several\noptions:
\nFollowing the analysis of the economic impact, social\nimpacts, and impacts on fundamental rights, options 3 and 4\nrepresent the best approach to the problems and achieve the\nobjectives of the proposal. The preferred option would be option\n4, followed by option 3.
\nLEGAL BASIS: Articles 82 (2) and 83 (1) of the Treaty\non the Functioning of the EU. Given the cross-border dimension, EU\naction is required as the objective of effectively protecting\nchildren cannot be sufficiently achieved by Member States, either\nat central level or at regional or local level.
\nCONTENT: the proposal will both repeal and incorporate\nFramework\nDecision 2004/68/JHA to include the following new\nelements:
\nTerritorial scope: the\nadoption of the proposal will be addressed to the Member States.\nThe application of the resulting Directive to the United Kingdom,\nIreland and Denmark will be determined in accordance with the\nprovisions of Protocols (No 21) and (No 22) annexed to the Treaty\non the functioning of the European Union.
\nBUDGETARY IMPLICATION: the proposal has no implication\nfor the Community budget.
\n\nOpinion of the European Data Protection\nSupervisor on the proposal for a Directive of the European\nParliament and of the Council on combating the sexual abuse, sexual\nexploitation of children and child pornography, repealing Framework\nDecision 2004/68/JHA.
\nTo recall:on 29 March\n2010, the Commission adopted a proposal for a Directive of the\nEuropean Parliament and of the Council on combating the sexual\nabuse, sexual exploitation of children and child pornography,\nrepealing Framework Decision 2004/68/JHA. The proposal intends to\nrepeal a Framework Decision adopted on 22 December 2003, due to\nsome shortcomings of this previous legislation. The new text\nwould improve the fight against child abuse with regard to the\nfollowing aspects: criminalisation of serious forms of child abuse\nin relation for instance to child sex tourism, protection of\nunaccompanied children; criminal investigation and coordination of\nprosecution; new criminal offences in the IT environment;\nprotection of victims; prevention of offences.
\nWith regard to the objective to prevent offences, one\nof the tools would be the restriction of access to child\npornography on the internet.
\nThe EDPS has noted the main purpose of the proposal.\nHis intention is not to question the need to put in place a better\nframework providing for adequate measures to protect children\nagainst abuses. He nevertheless wishes to stress the impact of some\nof the measures envisaged in the proposal, such as the blocking\nof websites and the setting- up of hotlines, on the fundamental\nrights to privacy and data protection of different individuals\ninvolved. For this reason, he has decided to submit this brief\nopinion at his own initiative.
\nAnalysis of the proposal
\nThe data protection issues relate to two aspects of\nthe proposal, which are not specific to the fight against child\nabuse but to any initiative aiming at the collaboration of the\nprivate sector for law enforcement purposes. These issues have\nalready been analysed by the EDPS in different contexts, especially\nrelated to the fight against illegal content on the\nInternet.
\nWith regard to the proposal, the two elements of\nconcern may be described as follows:
\n(1) The role of service providers with regard to the\nblocking of websites: the proposal\nforesees two possible alternatives to block access from the Unions'\nterritory to internet pages identified as containing or\ndisseminating child pornography: mechanisms to facilitate blocking\nby order of competent judicial or police authorities, or voluntary\nactions by Internet Service Providers to block the internet pages\non the basis of codes of conducts or guidelines.
\nThe EDPS questions the criteria and conditions leading\nto a blocking decision: while he could support actions taken by\npolice or judicial authorities in a well defined legal framework,\nhe has strong doubts about the legal certainty of any blocking\noperated by private parties.
\nHe questions first of all the possible monitoring of\nthe internet which could lead to such blocking. Monitoring and\nblocking may imply different activities, including scanning the\ninternet, identifying unlawful or suspect websites and blocking\naccess to end users, but also monitoring online behaviour of\nend-users who are trying to access or download such\ncontent.
\nThese surveillance activities have consequences\nin terms of data protection, as personal data of various\nindividuals will be processed, be it information about victims,\nwitnesses, users or content providers.
\nIn this context, the EDPS:
\nThe EDPS has already stated at several occasions that\n'the monitoring of Internet user's behaviour and further collection\nof their IP addresses amounts to an interference with their rights\nto respect for their private life and their correspondence.\nConsidering this interference, more appropriate safeguards are\nneeded to ensure that monitoring and/or blocking will only be done\nin a strictly targeted way and under judicial control, and that\nmisuse of this mechanism is prevented by adequate security\nmeasures.
\n(2) The setting-up of a network of\nhotlines: a network of hotlines is\nforeseen by the Safer Internet Programme on which the EDPS has\nissued the opinion referred to above. One of the comments of the\nEDPS relate precisely to the conditions according to which\ninformation would be collected, centralised and exchanged: there is\na need for a precise description of what should be considered as\nillegal or harmful content, who is enabled to collect and keep\ninformation and under what specific safeguards. This is\nparticularly important considering the consequences of reporting:\nin addition to the information related to children, personal data\nof any individual connected in some way with the information\ncirculating on the network could be at stake, including for\ninstance information on a person suspected of misbehaviour, be it\nan internet user or a content provider, but also information on a\nperson reporting a suspicious content or the victim of the abuse.\nThe rights of all these individuals should not be overlooked when\ndeveloping reporting procedures: they should be taken into account\nin compliance with the existing data protection\nframework.
\nThe information collected by these hotlines will also\nmost probably be used for prosecution during the judicial stage of\nthe case. In terms of quality and integrity requirements,\nadditional safeguards should be implemented in order to guarantee\nthat this information considered as digital evidence has been\nproperly collected and preserved and will therefore be admissible\nbefore a court.
\nGuarantees related to the supervision of the system,\nin principle by law enforcement authorities, are decisive elements\nto comply with. Transparency and independent redress possibilities\navailable to individuals are other essential elements to be\nintegrated in such a scheme.
\nConclusion: while the\nEDPS has no reason to challenge the development of a strong and\neffective framework to fight against sexual abuse, sexual\nexploitation of children and child pornography, he insists on the\nneed to ensure legal certainty with regard to all actors involved,\nincluding Internet Service Providers and individuals using the\nnetwork. The mentioning in the proposal of the need to take into\naccount the fundamental rights of end users is welcome but not\nsufficient: it should be complemented by an obligation for Member\nStates to ensure harmonised, clear and detailed procedures when\nfighting illegal content, under the supervision of independent\npublic authorities.
\nThe Spanish presidency informed justice ministers\nabout the state of play concerning a directive on combating the\nsexual abuse, sexual exploitation of children and child\npornography.
\nIn March 2010, the Commission adopted its proposal on\nthe file. Once adopted, the new rules will replace framework\ndecision 2004/68/JHA. The goal is to further approximate national\nlegislation and to improve international law enforcement and\njudicial cooperation.
\nAmong the outstanding issues are:
\nThe Council discussed the proposal for a directive on\ncombating the sexual abuse, sexual exploitation of children and\nchild pornography. Ministers focused on Articles 1-13 (with the\nexception of Art. 10) of the current version of the\ntext.
\nAlmost all member states agreed on the current wording\nof these articles. Only two delegations maintained their\nreservations on Art. 4(3), which concerns situations where children\nknowingly attend pornographic performances.
\nArticles 1-13 (with the exception of Art. 10) specify,\namong other things, the scope of offences and the level of\npenalties in the following areas:
\nThey also concern provisions on aggravating\ncircumstances, the liability of and sanctions on legal persons as\nwell as the possibility not to prosecute or impose penalties on the\nchild victims.
\nThe Council reached a general agreement on new EU-wide\nrules which will make it possible to combat sexual abuse, sexual\nexploitation of children and child pornography more\neffectively.
\nThe negotiations with the European Parliament can now\nbegin, with the aim being to reach a first reading agreement as\nsoon as possible.
\nThe\nCommittee on Civil Liberties, Justice and Home Affairs adopted the\nreport drafted by Roberta ANGELILLI (EPP, IT) on the proposal for a\ndirective of the European Parliament and of the Council on\ncombating the sexual abuse, sexual exploitation of children and\nchild pornography, repealing Framework Decision\n2004/68/JHA.
\nIt recommended that the\nEuropean Parliament's position at first reading adopted under the\nordinary legislative procedure should be to amend the Commission\nproposal. The amendments proposed are the result of an agreement\nreached between the members of the competent committee and the\nrepresentatives of the Council of Ministers. They may be summarised\nas follows:
\nScope: it is stipulated\nthat this Directive aims to establish minimum rules concerning the\ndefinition of criminal offences and sanctions in the area of sexual\nabuse and sexual exploitation of children, child pornography\nand solicitation of children for sexual purposes.
\nThe \"age of sexual\nconsent\" shall mean the age below which it is prohibited to\nengage in sexual activities with a child according to national law.\nAs regards \"pornographic performance\", shall mean the live\nexhibition aimed at an audience,
\nIn the\ncontext of criminalising acts related to pornographic\nperformance, this Directive refers to such acts which consist\nof an organised live exhibition, aimed at an\naudience.
\nOffences concerning sexual\nabuse: causing,\nfor sexual purposes, a child who has not reached the age of sexual\nconsent to witness sexual abuse, even without having to\nparticipate, shall be punishable by a maximum term of imprisonment\nof at least two years.
\nCoercing or forcing a child to participate in\npornographic performances, or threatening a child for such\npurposes, shall be punishable by a maximum term of imprisonment of\nat least eight years if the child has not reached the age of sexual\nconsent, or of at least five years if the child is over that\nage.
\nOffences concerning sexual\nexploitation:according to the amended text, Member States\nshall take the necessary measures to ensure that the intentional\nconduct referred to below is punishable:
\nUsers of child pornography: knowingly obtaining access, by\nmeans of information and communication technology, to child\npornography should be criminalised. To be liable, the text\nstipulates that the person should both intend to enter a site where\nchild pornography is available and know that such images can be\nfound there.
\nSolicitation of children for sexual\npurposes: Member\nStates shall take the necessary measures to ensure that an attempt\nthrough information and communication technology to commit the\noffences concerning child pornography by an adult soliciting a\nchild who has not reached the age of sexual consent to provide\nchild pornography depicting that child is punishable. This\nincludes, in particular, the online solicitation of children\nfor sexual purposes via social networking websites and chat\nrooms.
\nAggravating circumstances: Members are in favour of more\nsevere sanctions within the EU, especially in cases of abuse\ncommitted by a member of the family, a person cohabiting with\nthe
\nchild\nor a person having abused their recognised position of trust or\nauthority; by several people acting together; etc. or that the\noffence was committed against a child in a particularly\nvulnerable situation, such as a mental or physical\ndisability or a situation of dependence or state of physical or\nmental incapacity caused by the influence of drugs and\nalcohol.
\nDisqualification arising from\nconvictions: in\norder to avoid the risk of repetition of offences, Member States\nshall take the necessary measures to ensure that a natural person\nwho has been convicted of any of the offences may be temporarily or\npermanently prevented from exercising at least professional\nactivities involving direct and regular contacts with\nchildren.
\nEmployers when recruiting for a post involving\ndirect and regular contact with children are entitled to be\ninformed, of convictions for sexual offences against children\nentered in the criminal record, or of existing\ndisqualifications.
\nSeizure and Confiscation: Member States shall take the\nnecessary measures to ensure that their competent authorities are\nentitled to seize and confiscate instrumentalities and proceeds\nfrom the offences referred to in the Directive.
\nAssistance and support: Member States shall take the\nnecessary measures to ensure that a child is provided with\nassistance and support as soon as the competent authorities have\nreasonable grounds indication for believing that the child may have\nbeen subject to an offence. Member States shall in particular take\nthe necessary steps to ensure protection for children who report\ncases of abuse taking place within their family. They shall also\ntake the necessary measures to ensure that assistance and support\nfor a child victim are not made conditional on the child victim's\nwillingness to co-operate in the criminal investigation,\nprosecution or trial. Member States shall ensure that child victims\nhave without delay access to legal counselling and, in accordance\nwith the role of victims in the relevant justice system, to legal\nrepresentation, including for the purpose of claiming compensation.\nLegal counselling and legal representation shall be free of charge\nwhen the victim does not have sufficient financial\nresources.
\nAdvertising abuse opportunity and child sex\ntourism: Member\nStates shall take appropriate measures to prevent or prohibit: (a)\nthe dissemination of material advertising the opportunity to commit\nany of the offences against children; (b) the organisation for\nothers, whether or not for commercial purposes, of travel\narrangements with the purpose of committing any of the\noffences.
\nPreventive intervention programmes or\nmeasures: Member\nStates shall take the necessary measures to ensure that persons who\nfear that they might commit any of the offences may have access,\nwhere appropriate, to effective intervention programmes or measures\ndesigned to evaluate and prevent the risk of offences being\ncommitted. Member States shall take appropriate measures, such as\neducation and training, to discourage and reduce the demand that\nfosters all forms of sexual exploitation related to exploitation of\nchildren.
\nMeasures against websites containing or\ndisseminating child pornography: Member States shall take the necessary\nmeasures to ensure the prompt removal of web-pages containing or\ndisseminating child pornography hosted in their territory and to\nendeavour to obtain the removal of such pages hosted outside of\ntheir territory. Member States may take measures to block access\nto webpages containing or disseminating child pornography\ntowards the Internet users in their territory. These measures must\nbe set by transparent procedures and provide adequate safeguards.\nThese safeguards shall also include the possibility of judicial\nredress.
\nThe European Parliament\nadopted by 541 to 2, with 31 abstentions, a legislative resolution\non the proposal for a directive of the European Parliament and of\nthe Council on combating the sexual abuse, sexual exploitation of\nchildren and child pornography, repealing Framework Decision\n2004/68/JHA.
\nParliament adopted its\nposition at first reading adopted under the ordinary legislative\nprocedure. The amendments adopted in plenary are the result of a\ncompromise negotiated between the European Parliament and the\nCouncil. They amend the Commission proposal as follows:
\nScope: this Directive establishes minimum rules concerning\nthe definition of criminal offences and sanctions in the area of\nsexual abuse and sexual exploitation of children, child pornography\nand solicitation of children for sexual purposes.
\nThe \"age of sexual\nconsent\" shall mean the age below which, in accordance with\nnational law, it is prohibited to engage in sexual activities with\na child.
\nAs regards \"pornographic\nperformance\", this shall mean the live exhibition aimed at an\naudience, including by means of information and communication\ntechnology.
\nOffences concerning\nsexual abuse: causing, for sexual\npurposes, a child who has not reached the age of sexual consent to\nwitness sexual activities, even without having to participate,\nshall be punishable by a maximum term of imprisonment of at least\none year.
\nEngaging in sexual\nactivities with a child, where:
\nCoercing, forcing or\nthreatening a child into sexual activities with a third party shall\nbe punishable by a maximum term of imprisonment of at least ten\nyears if the child has not reached the age of sexual consent, and\nof at least five years of imprisonment if the child is over that\nage.
\nOffences concerning\nsexual exploitation: Member States\nshall take the necessary measures to ensure that the intentional\nconduct is punishable:
\nOffences concerning\nchild pornography: production of\nchild pornography shall be punishable by a maximum term of\nimprisonment of at least three years. It shall be within the\ndiscretion of Member States to decide whether punishment shall\napply to cases involving child pornography where the person\nappearing to be a child was in fact 18 years of age or older at the\ntime of depiction.
\nIn addition, Member States\nshall decide if the punishment shall apply to cases where it is\nestablished that pornographic material is produced and possessed by\nthe producer solely for his or her private use in so far as no\npornographic material has been used for the purpose of its\nproduction and provided that the act involves no risk of\ndissemination of the material.
\nSolicitation of children\nfor sexual purposes: Member States\nshall take the necessary measures to ensure that an attempt through\ninformation and communication technology to commit the offences\nconcerning child pornography by an adult soliciting a child who has\nnot reached the age of sexual consent to provide child pornography\ndepicting that child is punishable.
\nConsensual sexual\nactivities: new measures are\nintroduced which aim to call on the Member States to take the\nnecessary measures to determine under which circumstances it may be\nconsidered that certain sexual activities referred to in the\nDirective may be considered as consensual sexual activities\nin particular sexual activities between peers, who are close in age\nand degree of psychological and physical development or maturity,\ninsofar as the acts did not involve any abuse. The same goes for a\npornographic performance that takes place in the context of a\nconsensual relationship where the child has reached the age of\nsexual consent or between peers who are close in age and degree of\npsychological and physical development or maturity, insofar as the\nacts did not involve any abuse or exploitation and no money or\nother form of remuneration or consideration is given as payment in\nexchange for the pornographic performance and for the production\nand possession of material for private use.
\nAggravating\ncircumstances: Members are in favour\nof more severe sanctions within the EU, especially in cases of\nabuse committed by a member of the family, a person cohabiting with\nthe child or a person having abused their recognised position of\ntrust or authority; by several people acting together; etc. or that\nthe offence was committed against a child in a particularly\nvulnerable situation, such as a mental or physical disability\nor a situation of dependence or state of physical or mental\nincapacity caused by the influence of drugs and alcohol.
\nDisqualification arising\nfrom convictions: in order to avoid\nthe risk of repetition of offences, Member States shall take the\nnecessary measures to ensure that a natural person who has been\nconvicted of any of the offences may be temporarily or permanently\nprevented from exercising at least professional activities\ninvolving direct and regular contacts with children.
\nEmployers when recruiting\nfor a post involving direct and regular contact with children are\nentitled to be informed, of convictions for sexual offences against\nchildren entered in the criminal record, or of existing\ndisqualifications.
\nSeizure and\nConfiscation: Member States shall\ntake the necessary measures to ensure that their competent\nauthorities are entitled to seize and confiscate instrumentalities\nand proceeds from the offences referred to in the\nDirective.
\nNon prosecution or\nnon-application of penalties to the victim: the amended text states that Member States shall, in\naccordance with the basic principles of their legal systems take\nthe necessary measures to ensure that competent national\nauthorities are entitled not to prosecute or impose penalties on\nchild victims of sexual abuse and sexual exploitation for their\ninvolvement in criminal activities, which they have been compelled\nto commit.
\nJurisdiction and\ncoordination of prosecution: a Member\nState shall inform the Commission where it decides to establish\nfurther jurisdiction over an offence referred to in the Directive\ncommitted outside its territory, inter alia where:
\nAssistance and\nsupport: Member States shall take the\nnecessary measures to ensure that a child is provided with\nassistance and support as soon as the competent authorities have\nreasonable grounds indication for believing that the child may have\nbeen subject to an offence. Member States shall in particular take\nthe necessary steps to ensure protection for children who report\ncases of abuse taking place within their family. They shall also\ntake the necessary measures to ensure that assistance and support\nfor a child victim are not made conditional on the child victim's\nwillingness to co-operate in the criminal investigation,\nprosecution or trial.
\nMember States shall ensure\nthat child victims have without delay access to legal counselling\nand, in accordance with the role of victims in the relevant justice\nsystem, to legal representation, including for the purpose of\nclaiming compensation. Legal counselling and legal representation\nshall be free of charge when the victim does not have sufficient\nfinancial resources.
\nAdvertising abuse\nopportunity and child sex tourism:Member States shall take appropriate measures to\nprevent or prohibit: (a) the dissemination of material advertising\nthe opportunity to commit any of the offences against children; (b)\nthe organisation for others, whether or not for commercial\npurposes, of travel arrangements with the purpose of committing any\nof the offences.
\nIntervention programmes\nor measures on a voluntary basis in the course of or after criminal\nproceedings: Member States shall take\nthe necessary measures to ensure that effective intervention\nprogrammes or measures are made available to prevent and minimise\nthe risks of repeated offences of a sexual nature against children.\nSuch programmes or measures shall be accessible at any time during\nthe criminal proceedings, inside and outside prison, in accordance\nwith national law.
\nMember States shall take\nthe necessary measures to ensure that the following persons may\nhave access to the intervention programmes:
\nPreventive intervention\nprogrammes or measures: Member States\nshall take the necessary measures to ensure that persons who fear\nthat they might commit any of the offences may have access, where\nappropriate, to effective intervention programmes or measures\ndesigned to evaluate and prevent the risk of offences being\ncommitted. Member States shall take appropriate measures, such as\neducation and training, to discourage and reduce the demand that\nfosters all forms of sexual exploitation related to exploitation of\nchildren.
\nMeasures against\nwebsites containing or disseminating child\npornography: Member States shall take\nthe necessary measures to ensure the prompt removal of web-pages\ncontaining or disseminating child pornography hosted in their\nterritory and to endeavour to obtain the removal of such pages\nhosted outside of their territory. Member States may take measures\nto block access to webpages containing or disseminating\nchild pornography towards the Internet users in their territory.\nThese measures must be set by transparent procedures and provide\nadequate safeguards. These safeguards shall also include the\npossibility of judicial redress.
\nTransposition: the\nDirective shall be transposed two years following its entry into\nforce.
\nJoint statement of the\nEuropean Parliament and of the Council on solicitation of children\nfor sexual purposes: the European\nParliament and the Council make the following statement: having\nregard to the fact that 'real-life' solicitation of children for\nsexual purposes (off-line grooming) means intentional\nmanipulation of a child under the age of sexual consent by means of\nspeech, writing, audio-visual material or by similar presentations,\nto meet him or her for the purpose of committing any of the\noffences referred to in the Directive on combating the sexual abuse\nand sexual exploitation of children and child pornography and that\n'real-life' solicitation of children for sexual purposes is already\ncovered by the national law of Member States in different forms, as\nattempt, a preparatory offence or a particular form of sexual\nabuse, the European Parliament and the Council call on the Member\nStates to check carefully their criminal law definitions as\nregards the criminalisation of 'real-life' solicitation of children\nfor sexual purposes, and to improve and correct their criminal\nlaw, if necessary, as regards any legal lacunae that might still\nexists in that regard.
\nThe number of the directive, erroneously published as\n2011/92/EU, should be 2011/93/EU.
\nPURPOSE: to recast Framework Decision\n2004/68/JHA on the sexual abuse, sexual exploitation of children\nand child pornography by including new provisions aimed at making\nit more effective.
\nPROPOSED ACT: Directive of European Parliament and of\nthe Council.
\nBACKGROUND: with regard to child victims, the main\ncause of this phenomenon is vulnerability resulting from a variety\nof factors. Insufficient response by law enforcement mechanisms\ncontributes to the prevalence of these phenomena, and the\ndifficulties are exacerbated because certain forms of offences\ntranscend national borders. Victims are reluctant to report abuse,\nvariations in national criminal law and procedure may give rise to\ndifferences in investigation and prosecution, and convicted\noffenders may continue to be dangerous after serving their\nsentences. Developments in information technology have made these\nproblems more acute by making it easier to produce and distribute\nchild sexual abuse images while offering offenders anonymity and\nspreading responsibility across jurisdictions. Ease of travel and\nincome differences fuel so-called child sex tourism, resulting\noften in child sex offenders committing offences abroad with\nimpunity.
\nNational legislation covers some of these problems, to\nvarying degrees. However, it is not strong or consistent enough\nto provide a vigorous social response to this disturbing\nphenomenon. The recent Council of Europe Convention CETS No.\n201 on the Protection of Children against Sexual Exploitation and\nSexual Abuse (\"the\nCOE Convention\") arguably constitutes the highest international\nstandard for protecting children against sexual abuse and\nexploitation to date. However, not all Member States have yet\nacceded to this Convention.
\nAt EU level, Council\nFramework Decision 2004/68/JHA, introduces a minimum of\napproximation of Member States' legislation to criminalise the most\nserious forms of child sexual abuse and exploitation, to extend\ndomestic jurisdiction, and to provide for a minimum of assistance\nto victims. Although the requirements have generally been put into\nimplementation, the Framework Decision has a number of\nshortcomings. It approximates legislation only on a limited number\nof offences, does not address new forms of abuse and exploitation\nusing information technology, does not remove obstacles to\nprosecuting offences outside national territory, does not meet all\nthe specific needs of child victims, and does not contain adequate\nmeasures to prevent offences. It is therefore necessary to recast\nthis text in order to respond to the needs of these new\nchallenges.
\nIt should be noted that this proposal would replace\nexisting legislation in place since 2004, and builds on a proposal\nmade on 25/03/2009. After the entry into force of the Lisbon\nTreaty, this proposal has to be reshaped. This will allow the\nCommission to verify that EU law is correctly translated into\nnational rules and take those countries that are not complying to\nCourt.
\nIMPACT ASSESSMENT: the Commission considered several\noptions:
\nFollowing the analysis of the economic impact, social\nimpacts, and impacts on fundamental rights, options 3 and 4\nrepresent the best approach to the problems and achieve the\nobjectives of the proposal. The preferred option would be option\n4, followed by option 3.
\nLEGAL BASIS: Articles 82 (2) and 83 (1) of the Treaty\non the Functioning of the EU. Given the cross-border dimension, EU\naction is required as the objective of effectively protecting\nchildren cannot be sufficiently achieved by Member States, either\nat central level or at regional or local level.
\nCONTENT: the proposal will both repeal and incorporate\nFramework\nDecision 2004/68/JHA to include the following new\nelements:
\nTerritorial scope: the\nadoption of the proposal will be addressed to the Member States.\nThe application of the resulting Directive to the United Kingdom,\nIreland and Denmark will be determined in accordance with the\nprovisions of Protocols (No 21) and (No 22) annexed to the Treaty\non the functioning of the European Union.
\nBUDGETARY IMPLICATION: the proposal has no implication\nfor the Community budget.
\n\nOpinion of the European Data Protection\nSupervisor on the proposal for a Directive of the European\nParliament and of the Council on combating the sexual abuse, sexual\nexploitation of children and child pornography, repealing Framework\nDecision 2004/68/JHA.
\nTo recall:on 29 March\n2010, the Commission adopted a proposal for a Directive of the\nEuropean Parliament and of the Council on combating the sexual\nabuse, sexual exploitation of children and child pornography,\nrepealing Framework Decision 2004/68/JHA. The proposal intends to\nrepeal a Framework Decision adopted on 22 December 2003, due to\nsome shortcomings of this previous legislation. The new text\nwould improve the fight against child abuse with regard to the\nfollowing aspects: criminalisation of serious forms of child abuse\nin relation for instance to child sex tourism, protection of\nunaccompanied children; criminal investigation and coordination of\nprosecution; new criminal offences in the IT environment;\nprotection of victims; prevention of offences.
\nWith regard to the objective to prevent offences, one\nof the tools would be the restriction of access to child\npornography on the internet.
\nThe EDPS has noted the main purpose of the proposal.\nHis intention is not to question the need to put in place a better\nframework providing for adequate measures to protect children\nagainst abuses. He nevertheless wishes to stress the impact of some\nof the measures envisaged in the proposal, such as the blocking\nof websites and the setting- up of hotlines, on the fundamental\nrights to privacy and data protection of different individuals\ninvolved. For this reason, he has decided to submit this brief\nopinion at his own initiative.
\nAnalysis of the proposal
\nThe data protection issues relate to two aspects of\nthe proposal, which are not specific to the fight against child\nabuse but to any initiative aiming at the collaboration of the\nprivate sector for law enforcement purposes. These issues have\nalready been analysed by the EDPS in different contexts, especially\nrelated to the fight against illegal content on the\nInternet.
\nWith regard to the proposal, the two elements of\nconcern may be described as follows:
\n(1) The role of service providers with regard to the\nblocking of websites: the proposal\nforesees two possible alternatives to block access from the Unions'\nterritory to internet pages identified as containing or\ndisseminating child pornography: mechanisms to facilitate blocking\nby order of competent judicial or police authorities, or voluntary\nactions by Internet Service Providers to block the internet pages\non the basis of codes of conducts or guidelines.
\nThe EDPS questions the criteria and conditions leading\nto a blocking decision: while he could support actions taken by\npolice or judicial authorities in a well defined legal framework,\nhe has strong doubts about the legal certainty of any blocking\noperated by private parties.
\nHe questions first of all the possible monitoring of\nthe internet which could lead to such blocking. Monitoring and\nblocking may imply different activities, including scanning the\ninternet, identifying unlawful or suspect websites and blocking\naccess to end users, but also monitoring online behaviour of\nend-users who are trying to access or download such\ncontent.
\nThese surveillance activities have consequences\nin terms of data protection, as personal data of various\nindividuals will be processed, be it information about victims,\nwitnesses, users or content providers.
\nIn this context, the EDPS:
\nThe EDPS has already stated at several occasions that\n'the monitoring of Internet user's behaviour and further collection\nof their IP addresses amounts to an interference with their rights\nto respect for their private life and their correspondence.\nConsidering this interference, more appropriate safeguards are\nneeded to ensure that monitoring and/or blocking will only be done\nin a strictly targeted way and under judicial control, and that\nmisuse of this mechanism is prevented by adequate security\nmeasures.
\n(2) The setting-up of a network of\nhotlines: a network of hotlines is\nforeseen by the Safer Internet Programme on which the EDPS has\nissued the opinion referred to above. One of the comments of the\nEDPS relate precisely to the conditions according to which\ninformation would be collected, centralised and exchanged: there is\na need for a precise description of what should be considered as\nillegal or harmful content, who is enabled to collect and keep\ninformation and under what specific safeguards. This is\nparticularly important considering the consequences of reporting:\nin addition to the information related to children, personal data\nof any individual connected in some way with the information\ncirculating on the network could be at stake, including for\ninstance information on a person suspected of misbehaviour, be it\nan internet user or a content provider, but also information on a\nperson reporting a suspicious content or the victim of the abuse.\nThe rights of all these individuals should not be overlooked when\ndeveloping reporting procedures: they should be taken into account\nin compliance with the existing data protection\nframework.
\nThe information collected by these hotlines will also\nmost probably be used for prosecution during the judicial stage of\nthe case. In terms of quality and integrity requirements,\nadditional safeguards should be implemented in order to guarantee\nthat this information considered as digital evidence has been\nproperly collected and preserved and will therefore be admissible\nbefore a court.
\nGuarantees related to the supervision of the system,\nin principle by law enforcement authorities, are decisive elements\nto comply with. Transparency and independent redress possibilities\navailable to individuals are other essential elements to be\nintegrated in such a scheme.
\nConclusion: while the\nEDPS has no reason to challenge the development of a strong and\neffective framework to fight against sexual abuse, sexual\nexploitation of children and child pornography, he insists on the\nneed to ensure legal certainty with regard to all actors involved,\nincluding Internet Service Providers and individuals using the\nnetwork. The mentioning in the proposal of the need to take into\naccount the fundamental rights of end users is welcome but not\nsufficient: it should be complemented by an obligation for Member\nStates to ensure harmonised, clear and detailed procedures when\nfighting illegal content, under the supervision of independent\npublic authorities.
\n