{
  "url": "https://openlegislation.uk/eu-directive-2009-29/annex-I",
  "json_url": "https://openlegislation.uk/eu-directive-2009-29/annex-I.json",
  "legislation": "eudr/2009/29",
  "legislation_title": "Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-29",
  "path": "annex/I",
  "kind": "annex",
  "number": "I",
  "heading": null,
  "text": "Annex I to Directive 2003/87/EC shall be replaced by the following:\n‘ANNEX I\nCATEGORIES OF ACTIVITIES TO WHICH THIS DIRECTIVE APPLIES\n1.\nInstallations or parts of installations used for research, development and testing of new products and processes and installations exclusively using biomass are not covered by this Directive.\n2.\nThe thresholds values given below generally refer to production capacities or outputs. Where several activities falling under the same category are carried out in the same installation, the capacities of such activities are added together.\n3.\nWhen the total rated thermal input of an installation is calculated in order to decide upon its inclusion in the Community scheme, the rated thermal inputs of all technical units which are part of it, in which fuels are combusted within the installation, are added together. These units could include all types of boilers, burners, turbines, heaters, furnaces, incinerators, calciners, kilns, ovens, dryers, engines, fuel cells, chemical looping combustion units, flares, and thermal or catalytic post-combustion units. Units with a rated thermal input under 3 MW and units which use exclusively biomass shall not be taken into account for the purposes of this calculation. “Units using exclusively biomass” includes units which use fossil fuels only during start-up or shut-down of the unit.\n4.\nIf a unit serves an activity for which the threshold is not expressed as total rated thermal input, the threshold of this activity shall take precedence for the decision about the inclusion in the Community scheme.\n5.\nWhen the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit.\n6.\nFrom 1 January 2012 all flights which arrive at or depart from an aerodrome situated in the territory of a Member State to which the Treaty applies shall be included.\nActivities\nGreenhouse gases\nCombustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous or municipal waste)\nCarbon dioxide\nRefining of mineral oil\nCarbon dioxide\nProduction of coke\nCarbon dioxide\nMetal ore (including sulphide ore) roasting or sintering, including pelletisation\nCarbon dioxide\nProduction of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour\nCarbon dioxide\nProduction or processing of ferrous metals (including ferro-alloys) where combustion units with a total rated thermal input exceeding 20 MW are operated. Processing includes, inter alia, rolling mills, re-heaters, annealing furnaces, smitheries, foundries, coating and pickling\nCarbon dioxide\nProduction of primary aluminium\nCarbon dioxide and perfluorocarbons\nProduction of secondary aluminium where combustion units with a total rated thermal input exceeding 20 MW are operated\nCarbon dioxide\nProduction or processing of non-ferrous metals, including production of alloys, refining, foundry casting, etc., where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW are operated\nCarbon dioxide\nProduction of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day\nCarbon dioxide\nProduction of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day\nCarbon dioxide\nManufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day\nCarbon dioxide\nManufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day\nCarbon dioxide\nManufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per day\nCarbon dioxide\nDrying or calcination of gypsum or production of plaster boards and other gypsum products, where combustion units with a total rated thermal input exceeding 20 MW are operated\nCarbon dioxide\nProduction of pulp from timber or other fibrous materials\nCarbon dioxide\nProduction of paper or cardboard with a production capacity exceeding 20 tonnes per day\nCarbon dioxide\nProduction of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues, where combustion units with a total rated thermal input exceeding 20 MW are operated\nCarbon dioxide\nProduction of nitric acid\nCarbon dioxide and nitrous oxide\nProduction of adipic acid\nCarbon dioxide and nitrous oxide\nProduction of glyoxal and glyoxylic acid\nCarbon dioxide and nitrous oxide\nProduction of ammonia\nCarbon dioxide\nProduction of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day\nCarbon dioxide\nProduction of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day\nCarbon dioxide\nProduction of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3)\nCarbon dioxide\nCapture of greenhouse gases from installations covered by this Directive for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31/EC\nCarbon dioxide\nTransport of greenhouse gases by pipelines for geological storage in a storage site permitted under Directive 2009/31/EC\nCarbon dioxide\nGeological storage of greenhouse gases in a storage site permitted under Directive 2009/31/EC\nCarbon dioxide\nAviation\nFlights which depart from or arrive in an aerodrome situated in the territory of a MemberState to which the Treaty applies.\nThis activity shall not include:\n(a) flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan;\n(b) military flights performed by military aircraft and customs and police flights;\n(c) flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate competent authority;\n(d) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention;\n(e) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;\n(f) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;\n(g) flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based;\n(h) flights performed by aircraft with a certified maximum take-off mass of less than 5 700 kg;\n(i) flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 on routes within outermost regions, as specified in Article 299(2) of the Treaty, or on routes where the capacity offered does not exceed 30 000 seats per year; and\n(j) flights which, but for this point, would fall within this activity, performed by a commercial air transport operator operating either:\nfewer than 243 flights per period for three consecutive four-month periods, or\nflights with total annual emissions lower than 10 000 tonnes per year.\nFlights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a MemberState may not be excluded under this point.’\nCarbon dioxide",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/29/annex/I",
    "retrieved_at": "2026-11-01T15:22:14.199631+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}