These Regulations are made under section 2(2) of the European Communities Act 1972 (c. 68). They partly implement in Northern Ireland the provisions of Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants. The remaining provisions of the Directive have been implemented, in so far as they apply to processes authorised under the 1997 Order, by means of Directions issued to the chief inspector appointed under Article 16 of that Order or under regulation 8 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

Regulation 3 provides that where a new plant is subject to an authorisation on 27th November 2002 but the plant is not put into operation before 28th November 2003, the authorisation shall cease to authorise the operation of the plant until the chief inspector has varied the authorisation to give effect to the requirements of the Directive. This implements in part Article 4(2) of the Directive.

Regulation 4 sets out requirements which new plants subject to an authorisation must comply with from the operative date of these regulations. These requirements are deemed to be included in the authorisation as from that date. This implements in part articles 5(1) and 7(1), and paragraph 6 of Part A of Annex VIII of the Directive.