The Rt Hon Greg Hands MP Minister of State Department for International Trade King Charles Street Whitehall London SW1A 2AH T +44 (0) 20 7215 5000 Sir William Cash MP E [email protected] Chairman of the European Scrutiny Committee W www.gov.uk House of Commons London SW1A 0AA 12 February 2021 Dear Sir William, Market Access for Goods from African, Caribbean and Pacific (“ACP”) countries (Council document 5253/20) (41031) Thank you for your letter of 9 December in response to my letter of 25 November concerning market access arrangements for goods traded between the UK and certain African, Caribbean and Pacific (ACP) countries when the post-exit transition period ends on 31 December 2020. Your letter requested information on any decisions affecting the implementation of the Northern Ireland Protocol once they have been agreed in the Withdrawal Agreement Joint Committee (WAJC), including ‘whether EU tariff and quota-based safeguards or the UK’s own tariff regime will apply in Northern Ireland from 1 January 2021 as this will depend on the outcome of discussions in the Withdrawal Agreement Committee on “at risk” goods.’ I am pleased to confirm that the WAJC have come to an agreement on the outstanding matters related to the implementation of the Protocol. The WAJC decision includes criteria for determining which goods are to be considered ‘not at risk’ of entering the EU when moving from Great Britain or the rest of the world to Northern Ireland. These decisions, and a Command Paper presented to Parliament, have been published on GOV.UK.1 EU tariffs will only be charged where goods are destined for the EU, or where there is a genuine risk of onward movement. Businesses authorised under the UK Trader Scheme can undertake that the goods they are moving into Northern Ireland are ‘not at risk’ of onward movement to the EU. These goods will therefore not liable to EU tariffs. To avoid shell or letterbox businesses from taking advantage of this scheme, the UK Trader Scheme will be open only to businesses established in Northern Ireland, or businesses who meet certain closely linked criteria. For imports into NI from outside the UK or the EU, the scheme will apply where the differential between the UK and EU’s tariffs is less than 3% points. The operation of the Joint Committee Decision on goods subject to EU measures is set out in detail on GOV.UK. Further guidance on specific cases will follow. 1 www.gov.uk/government/publications/the-northern-ireland-protocol I would like to thank you for your queries and the wider work of the European Scrutiny Committee. I welcome further questions once the Committee has considered the WAJC decisions fully. Please let me know should you require any further information or assistance. This letter is copied to the Chair (Simon Hoare MP) and Clerk (Nick Beech) of the Northern Ireland Affairs Committee; the Chair (Angus MacNeil MP) and Clerk (Joanna Welham) of the International Trade Committee, the Chair (Sarah Champion) and Clerk (Fergus Reid) of the International Development Committee; the Chair (Hilary Benn MP) and Clerk (Gordon Clarke) of the Committee on the Future Relationship with the European Union; the Chair (the Earl of Kinnoull) and Clerk (Christopher Johnson) of the EU Select Committee in the House of Lords, Edwina Osborne, DIT Departmental Scrutiny Coordinator, and Les Saunders and Donald Harris in the Cabinet Office. THE RT HON GREG HANDS MP Minister of State Department for International Trade .