Minutes - Results of votes - Thursday, 11 November 2021

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Thursday, 11 November 2021 - Brussels

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1. Request for the waiver of the immunity of Fulvio Martusciello

2. Request for the waiver of the immunity of Harald Vilimsky

3. Request for the waiver of the immunity of Nils Ušakovs

4. Disclosure of income tax information by certain undertakings and branches ***II

5. European Partnership on Metrology ***I

6. European Union Agency for Asylum ***I

7. Serious cross-border threats to health ***I

8. EU/Australia Agreement: modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV ***

9. Strengthening democracy, media freedom and pluralism in the EU

Report: Tiemo Wölken, Roberta Metsola (A9-0292/2021)


Subject	Am No	Author	RCV etc.	Vote	RCV/EV – remarks
§ 1	2	The Left		-
	§	original text	split
			1/RCV	+	536, 5, 23
			2/RCV	+	444, 108, 10
After § 1	3	The Left	EV	-	163, 362, 43
After § 3	5	ID		-
§ 4	6	ID		-
After § 10	7	ID		-
§ 11	8	ID		-
	§	original text	split
			1/RCV	+	502, 27, 37
			2/RCV	+	461, 99, 8
§ 12	9	ID		-
After § 12	10	ID		-
	11	ID		-
	12	ID		-
§ 17	§	original text	split
			1/RCV	+	494, 14, 60
			2/RCV	+	446, 106, 12
§ 23	§	original text	split
			1/RCV	+	511, 30, 15
			2/RCV	+	443, 111, 10
§ 25	§	original text	RCV	+	446, 89, 30
§ 28	§	original text	RCV	+	441, 114, 6
§ 35	§	original text	split
			1/RCV	+	447, 114, 9
			2/RCV	+	513, 32, 18
			3/RCV	+	445, 114, 13
§ 36	§	original text	split
			1/RCV	+	445, 116, 8
			2/RCV	+	555, 3, 5
§ 37	§	original text	split
			1/RCV	+	535, 17, 19
			2/RCV	+	444, 114, 11
§ 39	§	original text	split
			1/RCV	+	522, 2, 48
			2/RCV	+	443, 115, 12
Citation 37	§	original text	RCV	+	448, 109, 14
Citation 41	§	original text	RCV	+	445, 107, 15
Citation 46	§	original text	RCV	+	446, 112, 10
Citation 51	§	original text	RCV	+	446, 114, 10
Annex, § 3	§	original text	RCV	+	442, 112, 5
Annex, § 4	§	original text	RCV	+	438, 103, 6
Recital B	§	original text	split
			1	+
			2	+
Recital J	§	original text	split
			1/RCV	+	556, 11, 1
			2/RCV	+	451, 66, 44
after recital Q	1	The Left	EV	-	168, 216, 180
After recital T	4	ID		-
Motion for a resolution (as a whole)			RCV	+	444, 48, 75


Requests for roll-call votes
ECR:	citations 37, 41, 46, 51; recital J; §§ 1, 11, 17, 23, 25, 28, 35, 36, 37, 39; Annex, § 3. Civil procedure; Annex, § 4. Criminal procedure


Requests for split votes
The Left
Recital B
First part	‘whereas independent impartial, professional and responsible journalism as well as access to pluralistic information are key pillars of democracy; whereas the information, reports, opinions, claims, arguments and other statements by civil society are vital for any democracy to thrive; whereas the shrinking space for civil society in certain countries has become an increasingly worrying issue and may negatively impact democracies; whereas independent and high quality journalism and civil society organisations play a crucial role as guardians of democracy and the rule of law by holding power to account and fighting disinformation and misinformation,’
Second part	‘as well as foreign political interference and manipulation’
ECR
§ 23
First part	Text as a whole without the words: ‘Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for criminal lawsuits), and separately on’ and ‘albeit through separate legislative instruments’
Second part	those words
ECR, Members
Recital J
First part	‘whereas evidence shows that SLAPPs have become an increasingly widespread practice, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits (resulting in the freezing of her assets) across multiple jurisdictions on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face;’
Second part	‘whereas other illustrative and alarming cases against independent journalists and media include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;’
§ 1
First part	Text as a whole without the words: ‘welcomes the fact that the Commission’s 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and that this report points to concrete measures and best practices for countering them; calls for future annual reports to include a thorough assessment of the legal environment for the media and investigative journalism in particular, and to look more thoroughly at challenges affecting journalists and civil society and the chilling effect that SLAPPs can have on these actors;’ and ‘calls on the Commission to also issue country-specific recommendations and assess their progress, including on issues concerning the situation of media freedom within the Member States;’
Second part	those words
§ 11
First part	Text as a whole without the words: ‘LGBTIQ rights, gender equality issues’
Second part	those words
§ 17
First part	Text as a whole without the words: ‘calls on the Commission and Member States to develop an ambitious, robust and complete legal framework in its future Media Freedom Act;’
Second part	those words
§ 36
First part	‘Recalls the importance of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, which has applied to all commitment and payment appropriations since 1 January 2021; underlines that the Union’s financial interests are to be protected in accordance with EU values and commitments, and that the Commission should use the conditionality mechanism if Member States fail to protect these values;’
Second part	‘commends in this light the important work of investigative journalists in exposing cases of abuses of EU funds, and emphasises the importance of journalists being able to exercise their profession without being hindered by SLAPPs;’
§ 37
First part	Text as a whole without the words: ‘such as the mechanism for the protection of democracy, the rule of law and fundamental rights,’
Second part	those words
§ 39
First part	Text as a whole without the words: ‘in the framework of the annual mechanism on democracy, the rule of law and fundamental rights,’
Second part	those words
The Left, ECR, Members
§ 35
First part	‘Considers that the new anti-SLAPP legislative and non-legislative measures should complement other EU instruments and policies; welcomes the Union Strategy to tackle Organised Crime 2021-2025, and calls for efforts to be stepped up in this regard; notes that legislative and soft law measures cannot be effective in Member States where there are concerns about the independence of the judiciary or the fight against corruption;’ without the words ‘welcomes the Union Strategy to tackle Organised Crime 2021-2025, and calls for efforts to be stepped up in this regard;’
Second part	those words
Third part	‘reiterates, in this regard, the critical need for an EU mechanism on democracy, the rule of law and fundamental rights as proposed by Parliament;’

10. The European Education Area: a shared holistic approach

11. An intellectual property action plan to support the EU’s recovery and resilience

12. Statute and funding of European political parties and foundations

13. The first anniversary of the de facto abortion ban in Poland

Motions for resolutions: B9-0543/2021, B9-0544/2021


Subject	Am No	Author	RCV etc.	Vote	RCV/EV – remarks
Motion for a resolution B9-0543/2021 (PPE, S&D, Renew, Verts/ALE, The Left)
§ 1	§	original text	split
			1	+
			2	+
			3	+
§ 2	2	Verts/ALE, S&D, The Left, Renew, PPE		+
	§	original text	split
			1	↓
			2	↓
§ 4	§	original text	split
			1	+
			2	+
§ 5	§	original text	split
			1	+
			2	+
§ 6	§	original text	split
			1	+
			2	+
§ 10	§	original text	sep	+
§ 11	5	The Left	RCV	+	319, 214, 24
	§	original text	split
			1	↓
			2	↓
§ 12	3	Verts/ALE, S&D, The Left, Renew, PPE		+
	§	original text	split
			1	↓
			2	↓
§ 15	§	original text	sep	+
§ 16	§	original text	sep	+
§ 21	§	original text	sep	+
§ 23	§	original text	split
			1	+
			2	+
§ 24	§	original text	split
			1	+
			2	+
§ 25	§	original text	sep	+
§ 26	§	original text	sep	+
§ 28	§	original text	split
			1	+
			2	+
Citation 23	§	original text	sep	+
Recital C	§	original text	sep	+
Recital E	§	original text	split
			1	+
			2	+
Recital F	§	original text	split
			1	+
			2	+
After recital I	1	Verts/ALE, S&D, The Left, Renew, PPE		+
After recital I	4	S&D, Verts/ALE, Renew		+
Recital J	§	original text	sep	+
Recital K	§	original text	sep	+
Recital L	§	original text	split
			1	+
			2	+
Recital P	§	original text	split
			1	+
			2	+
Recital U	§	original text	split
			1	+
			2	+
Motion for a resolution (as a whole)			EV	+	373, 124, 55
Motion for a resolution B9-0544/2021 (ECR)
Motion for a resolution (as a whole)				↓


Requests for roll-call votes
The Left:	amendment 5


Requests for separate votes
The Left:	§ 21
PPE:	§§ 10, 15, 16, 25, 26; citation 23; recitals C, J, K


Requests for split votes
The Left
Recital U
First part	‘whereas on 7 October 2021, the same illegitimate “Constitutional Tribunal”’ presented its decision in case K 3/21, adopted with two dissenting opinions, on the request initiated by the Polish Prime Minister on 29 March 2021, finding the provisions of the TEU incompatible with the Polish Constitution on multiple grounds;’
Second part	‘whereas this decision is an attack on the European community of values and laws as a whole, undermining the primacy of EU law as one of its cornerstone principles in accordance with well-established case law of the Court of Justice of the European Union;’
PPE
§ 1
First part	‘Reiterates its strong condemnation of the illegitimate Constitutional Tribunal’s ruling of 22 October 2020 that imposes a near-total ban on abortion and of this blatant attack on SRHR in Poland;’
Second part	‘calls on the Polish Government to swiftly and fully guarantee access to and the provision of abortion services, to provide safe, legal, free and high-quality abortion services, and to make them accessible to all women and girls;’
Third part	‘calls on the Polish authorities to respect, fulfil and promote women’s human rights to life, health and equality, as well as their freedom from discrimination, violence and torture or cruel, inhuman and degrading treatment;’
§ 2
First part	‘Strongly regrets the absence during the year that has elapsed of any initiative or proposal aimed at lifting the de facto abortion ban and the numerous restrictions on access to SRHR in the country;’
Second part	‘reiterates that the de facto abortion ban is putting women’s health and lives at risk and recalls that universal access to healthcare and SRHR are fundamental human rights;’
§ 4
First part	‘Stresses that restricting or banning the right to abortion by no means reduces the need for abortions, but results in women having to seek unsafe abortions, to travel abroad in order to obtain abortions or to carry their pregnancy to term against their will, including in cases of fatal or severe foetal impairment;’
Second part	‘stresses further that this is a violation of human rights and a form of gender-based violence affecting women’s and girls’ rights to life, physical and mental integrity, equality, non-discrimination and health;’
§ 5
First part	‘Is deeply concerned about the fact that thousands of women have to travel to access a health service as essential as abortion;’
Second part	‘emphasises that cross-border abortion services are not a viable option, especially for those living in poverty, facing intersectional discrimination and in vulnerable situations; is perturbed by the fact that travelling abroad puts women’s health, life and well-being at risk; stresses the importance of post-abortion care, especially for women who experience complications from an incomplete or unsafe abortion;’
§ 6
First part	‘Strongly condemns all legislative proposals or restrictions that aim to further prohibit, criminalise and limit access to safe and legal abortion in Poland;’
Second part	‘reminds the Polish Parliament and authorities that measures to restrict SRHR are contrary to the principle of non-retrogression under international human rights law and urges them to ensure the full realisation of SRHR;’
§ 11
First part	‘Calls on the Council and the Commission to provide adequate funding for national and local civil society organisations in order to foster grassroots support for democracy, the rule of law and fundamental rights in Member States, including Poland; urges the Commission to provide immediate and direct support for programmes and Polish civil society organisations working to ensure that SRHR are protected; calls on the Commission and the Member States to support SRHR awareness-raising and training courses through funding programmes; welcomes the support provided by certain Member States in assisting civil society organisations helping Polish women realise their SRHR and encourages others to do the same;’
Second part	‘calls on the Member States to cooperate more effectively in order to facilitate cross-border access to abortion;’
§ 12
First part	‘Insists that performing an abortion should not be included in the criminal code in any way, shape or form, as this has a chilling effect on doctors who, as a consequence, refrain from providing SRH services out of fear of criminal sanctions and thus limit the healthcare available to women and girls;’
Second part	‘calls on the Polish Government to entirely decriminalise abortion and remove anything related to abortion from criminal law, in order to ensure that doctors agree to perform abortions in practice within the legal boundaries of national law, and to ensure that the information it provides on access to abortion and other sexual and reproductive rights is unbiased and evidence-based;’
§ 23
First part	Text as a whole without the words: ‘including access to safe and legal abortion’
Second part	those words
§ 24
First part	‘Calls on the Commission and the Council to safeguard the right to health and ensure that women and girls in Poland are not left behind, by taking decisive action and countering any legislative proposals or restrictions on accessing healthcare services coming from Poland,’
Second part	‘including abortion care;’
§ 28
First part	‘Reminds the Commission that it should propose a comprehensive directive on preventing and combating gender-based violence in all its forms,’
Second part	‘including violations of SRHR;’
Recital E
First part	‘whereas the erosion of the rule of law in Poland has led to violations of human rights, including SRHR;’
Second part	‘whereas the de facto abortion ban in Poland is a clear attack on the rule of law and fundamental rights, and restricts the realisation of SRHR in Poland, following the many attacks against the rule of law in recent years;’
Recital F
First part	Text as a whole without the words: ‘Poland’s failure to implement the ECtHR’s judgments for over 13 years in several cases’
Second part	those words
Recital L
First part	‘whereas as a result of legal restrictions and of stigmatisation, there is a lack of reliable data on abortion incidence in many Member States, as well as on the context in which the abortions are carried out;’
Second part	‘whereas accurate, regularly updated and anonymous data on abortion from all Member States are vital to understanding SRHR needs and securing the rights of women;’
Recital P
First part	‘whereas on the basis of the Polish criminal code, anyone who terminates another person’s pregnancy, or aids or abets a pregnant person in terminating their pregnancy in violation of the provisions of the law, faces criminal liability, including imprisonment; whereas as a result of the existing legal provisions, social stigma, fear and pressure from their peers and the medical authorities, doctors in Poland prefer not to be associated with abortion procedures, and this was already the case even when abortion was still legal;’
Second part	‘whereas apart from the widely used conscience clause, some doctors create additional non-statutory obstacles, such as unnecessary medical examinations, psychological consultations or additional consultations with experts, or limit women’s rights to prenatal tests and information, which should be guaranteed for all under the public health scheme; whereas an individual’s personal beliefs concerning abortion are not allowed to interfere with a patient’s right to full access to healthcare and services provided under the law;’

Miscellaneous

Jacek Saryusz-Wolski and Adam Bielan (ECR Group) had also supported motion for a resolution B9-0544/2021.

Last updated: 2 June 2022

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