Mr. Conleth Bradley:

Before one looks at article 9(4) one has to have an understanding of what article 9 is about. Article 9(4) is the derogation from article 9. One must have an understanding of what the obligations are under article 9. The European Court of Justice has said, and it is common case today, that charging per seis not the issue, because it has to be seen in a wider context. The European Court of Justice has said that if a member state has wide discretion they also have broader obligations. The management of the river basin comes into it. That is the context within which to look at this. We should sort out our understanding of article 9 and then assess whether article 9(4) kicks in. My understanding of article 9 is that it is not dispostive of the issue of water charging. I think that is the best way to look at it. Perhaps that is in ease of the Senator's previous statement as well.