274. Deputy Pearse Doherty asked the Minister for Finance the amount to be transferred from a company (details supplied) to an escrow account, as per the EU state aid ruling; and if he will make a statement on the matter. (Question 1180/17 asked on 17 Jan 2017)

Minister for Finance Deputy Michael Noonan: I propose to take Questions Nos. 75, 272 to 274, inclusive, and 334 together.

Notwithstanding our appeal in the Apple State Aid case, Ireland is obliged to comply with the binding Articles of the Final Decision.  This requires that Ireland ensures that Apple is deprived of the benefit of the alleged aid.

This involves two actions:

1. The calculation of the amount of aid

2. The process by which Apple are denied this amount of money

The amount is to be calculated using the methodology set out in the Decision, which is then subject to interest as set out in the EU Directive on the recovery of State Aid.  This document is available at the following link:

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007XC1115%2801%29&from=EN 

On process, I have already said that consideration is being given to placing these sums into an escrow fund.  The terms of such an escrow fund are subject to confidential and commercially sensitive deliberations and will not be made public at this time.

Work has been ongoing to ensure that the State complies with all our obligations as soon as possible and the Commission have confirmed that they are satisfied with Ireland’s progress on this issue to date.