Michael McGrath (Cork South Central, Fianna Fail)
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372. To ask the Minister for Finance if and when the (details supplied) state aid recovery fee will be placed in an escrow account; the total estimated amount due including interest; if the interest accumulating on this escrow account will be available to the Exchequer; the estimated interest revenue per annum; and if he will make a statement on the matter. [26419/16]

Michael McGrath (Cork South Central, Fianna Fail)
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373. To ask the Minister for Finance if his Department or the Revenue Commissioners has had any communication with a company (details supplied) over the payment of the state aid recovery fee; when formal discussions will begin; when payment is expected; and if he will make a statement on the matter. [26420/16]

Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 372 and 373 together.

On 30 August 2016, the European Commission issued a negative decision in the Apple State Aid case.

The Government profoundly disagrees with the Commission's analysis and will now challenge the decision before the European Courts. 

Notwithstanding this appeal, Ireland is required by law to recover the alleged State aid from the company.  As the amounts are subject to legal proceedings, the sums may be placed a ring-fenced escrow account, pending the outcome of the European Court process. 

The Commission has said that the recovery amount could total up to €13 billion plus interest.  This sum represents an estimation of what, in the European Commission's view, is the amount of additional tax that would have been paid over the past ten years had Ireland applied the European Commission's methodology. 

The exact amount is to be determined by the Irish authorities on the basis of a technical and detailed calculation which applies the Commission's methodology, as set out in the Final Decision document.  These amounts are also subject to an interest rate, set by the European Commission, calculated in accordance with Chapter V of Regulation (EC) No. 794/2004.  

The Commission has asked Ireland to calculate the exact amount and recover it from the company within four months.  As is normal in a process such as this, it will involve engagement with the company involved.

It is important to emphasise that Ireland is not subject to any fine or penalty arising from this Decision.