The European Commission has insisted Ireland cannot breach the European Water Framework Directive and abolish water charges.
Sinn Fein MEP Lynn Boylan had asked the commission whether charges can be abandoned in Ireland.
In response, the commission said all member states must adhere to the directive.
However, Ms Boylan insisted this does not mean water charges could not be abolished.
She said the response was vague and did not mean the levies must remain in place.
The answer from the commission states: “Article 9(4) of the Water Framework Directive[1] provides that Member States shall not be in breach of the Directive if they decide in accordance with established practices not to apply the provisions of Article 9(1), second sentence, and for that purpose the relevant provisions of paragraph (2), for a given water-use activity, where this does not compromise the purposes and the achievement of the objectives of this Directive.
“If the established practice is to have a system in place implementing the recovery of the costs of water services, in accordance with the polluter pays principle, the Commission considers that the flexibility afforded to Member States as outlined in Article 9 paragraph 4 would not apply.”
Ms Boylan said the use of the phrase ‘established practices’ was key.
“Irish Water and water charges are not established practice. The established practice is to pay for water charges through general taxation,” she said.
“The interpretation of this as a refusal to abolish water charges is wrong and bizarre.”