WRITTEN QUESTION No. 3251/97 by Katerina DASKALAKI to the Commission. Danger to the Keramikos archaeological site
Date: 1997-10-20
Institutions: DASKALAKI, European Parliament
Subjects: Central Greece, archaeology, cemetery, cultural heritage, historic site, large-scale construction, underground railway

C 134/126

EN

Official Journal of the European Communities

30. 4. 98

› 

the WTO dispute settlement understanding (DSU) as allowing panels to substitute their judgement on the
scientific  basis  of  the  measures  and  scientific  uncertainty  for  that  of  the  regulatory  authorities  of  WTO
members.

Article 17:6 of the DSU and the appellate body’s working procedures for appellate review provide indeed
2.
that an appeal is limited to issues of law covered in the panel report and legal interpretations developed by the
panel. The Community has also argued that existing case law appears to accept appeals also on the ground that
the first instance panel report committed manifest errors in the interpretation of the facts or manifestly distorted
the facts and evidence before it or committed serious violations of the procedural rules applicable in the conduct
of the proceedings.

The appellate body section hearing appeals is always composed of three members, as Article 17:1 of the DSU
provides.

3.
Negotiations on the issues subject to these appeal proceedings normally do not take place whilst awaiting
the final outcome. Depending on the final judgement, each party will have to consider how to resolve this trade
dispute, which may include negotiations.

The report of the appellate body should take a minimum of 60 days and a maximum of 90 days to be issued,

4.
starting from 25 September 1997 (Article 17:5 DSU).

5. - 7.

It is premature to speculate on these points without knowing the final outcome of the Panel appeal.

(98/C 134/165)

WRITTEN QUESTION E-3251/97

by Katerina Daskalaki (UPE) to the Commission

(20 October 1997)

Subject: Danger to the Keramikos archaeological site

Recently  a  final  decision  was  taken  concerning  the  opening  of  the  underground  line  below  the  Keramikos
necropolis in Athens (an archaeological site of unique importance for the European cultural heritage), despite
warnings from the cultural and archaeological authorities and organizations concerning the extremely serious
consequences which this could have on the site.

Will the Commission take steps to ensure that possible alternative solutions are considered, in order to avert the
evident danger to the site in question?

Answer given by Mrs Wulf- Mathies on behalf of the Commission

(12 November 1997)

The Commission is well aware of the danger to underground archaeological sites from construction work on the
Athens underground railway and is closely following its progress.

The route currently being proposed, which lies under part of the ancient Keramikos cemetery, was decided upon
when  it  was  concluded  that  the  original  route  would  pose  too  great  a  threat  to  the  cemetery.  The  Greek
Archaeological Commission is due to give its final opinion on the project on the basis of the results of work to
bore a small test tunnel and of subsequent geotechnical studies.

The Commission considers that the current route is the best one to avoid any risk to the Keramikos cemetery.
However, it will continue to monitor the progress of the work and its impact.