WRITTEN QUESTION No. 3251/97 by Katerina DASKALAKI to the Commission. Danger to the Keramikos archaeological site
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