Written answers

Thursday, 25 May 2017

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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78. To ask the Minister for Finance the steps Ireland has taken to collect the sum specified by the European Commission in its state aid ruling regarding a company (details supplied); and if he will make a statement on the matter. [25079/17]

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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79. To ask the Minister for Finance the reason Ireland has not collected the sum specified by the European Commission in its state aid ruling regarding a company (details supplied); and if he will make a statement on the matter. [25080/17]

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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80. To ask the Minister for Finance if Ireland has requested more time to collect the sum specified by the European Commission in its state aid ruling regarding a company (details supplied); and if he will make a statement on the matter. [25081/17]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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87. To ask the Minister for Finance the timeframe for the collection of payment due to the State arising from the European Court of Justice judgment on a case (details supplied); and if he will make a statement on the matter. [25196/17]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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88. To ask the Minister for Finance if the European Commission has been in contact with his Department with regard to the collection of payment due to the State arising from the European Court of Justice judgment on a case (details supplied); and if he will make a statement on the matter. [25197/17]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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89. To ask the Minister for Finance if his Department has assessed the use of interest arising from the escrow account due to hold the payment due to the State arising from the European Court of Justice judgment on a case (details supplied); and if he will make a statement on the matter. [25198/17]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 78 to 80, inclusive, and 87 to 89, inclusive, together.

Notwithstanding the appeal in the Apple State Aid case and the difference in view between Ireland and the Commission on the issue, the Government is committed to complying with the binding legal obligations the Commission’s Final Decision places on Ireland.

Apple therefore must be deprived of the benefit of the alleged aid and 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 Commission have estimated that this will amount to €13bn but the precise sum is to be calculated using the methodology set out in the Decision, which is then subject to interest as set out in EU Regulations on the recovery of State Aid.

These sums will be placed into an escrow fund with the proceeds being released only when there has been a final determination in the European Courts over the validity of the Commission’s Decision. Given the scale and bespoke nature of such a fund, the precise terms are still being negotiated and are subject to confidential and commercially sensitive deliberations.

The Government is fully committed to ensuring that recovery takes place without delay and have committed significant resources to this matter. This work is being led by my Department but also involves officials from a range of State organisations including the Revenue Commissioners, the National Treasury Management Agency and the Attorney General’s Office as well as external expertise.

Irish officials are continuing this intensive work to ensure that the State complies with all our recovery obligations as soon as possible, and remain in regular contact with the Commission and Apple.

Although the formal deadline has now passed, it is not unusual or uncommon for Member States to require more time for recovery and the Commission have acknowledged the complexity involved in our case.

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