Agricultural Policy is to insure ‘that supplies reach
consumers at reasonable prices’ and Article 86
prohibits undertakings from ‘limiting production,
markets or technical developments to the prejudice
of consumers.’
0003 Right from the inception of the Community it was
realized that to insure the freedom of trade in food-
stuffs there had to be common rules on labeling, food
additives, food composition, and food safety. Initially,
the emphasis was on food additives, with the first
directive being that on coloring matter authorized
for use in foodstuffs for human consumption, which
was adopted in 1962. This was followed 2 years later
by a directive on preservatives, which was adopted in
July 1964. Both these directives gave lists of the per-
mitted additives and controls on the use of the addi-
tives for certain applications. During this time, work
started on directives to control other groups of
food additives such as antioxidants, emulsifiers, and
stabilizers.
0004 In 1965 the European Commission published
its Recommendation 65/428/EEC of 20 September
1965 to the member states, which required prior
communication to the Commission, in draft form,
of certain laws, regulations, and administrative in-
structions. This included the notification of intended
new legislation or amendments to existing legislation
on foodstuffs.
Harmonization Programs 1969–85
0005 The next major step was the harmonization program
which was drawn up in 1969 following the Council
Resolution 617/69/EEC of 28 May 1969. This
included the drawing-up of a program for the elimin-
ation of technical barriers to trade in foodstuffs
that resulted from disparities between provisions
laid down by law, regulation, or administrative action
in the member states. The Resolution also introduced
the requirement for mutual recognition of inspec-
tions.
0006 The program that emerged from this resolution
was, in retrospect, too ambitious. It was divided
into priority groups with a time schedule of five
stages, 70 subjects were to be covered, and the work
was to be completed by 1971. Needless to say, the
schedule was by no means complete by this deadline
and there was another Council Resolution of 17
December 1973 that included a revized calendar for
the elimination of technical barriers to trade in food-
stuffs. This required completion of the program by
1978. Again, progress was far slower than anticipated
and a further revision was adopted in 1977.
0007 One of the main objectives of the harmonization
program during the 1970s was the development of
compositional or ‘recipe’ legislation, covering specific
groups of foodstuffs. This ‘vertical’ legislation, as it
came to be known, was considered essential for free
movement of foods and a large number of directives
were envisaged, each concerned with the composition
and control of a product category. By the mid-1970s,
over 30 categories of foodstuffs had been identified as
requiring recipe or vertical legislation.
0008The first of these directives was that on cocoa and
chocolate products, which is still in force, having
been amended numerous times. Although work
commenced on over 25 vertical directives during the
first half of the 1970s, very little of this proposed
legislation had been adopted by 1977. Most of the
delays were caused by lack of agreement between
the member states as to what was important for the
control of the product category. The degree of detail
envisaged by the European Commission was found to
be incompatible with the current practice in each of
the member states.
0009In 1977, one of the main objectives of the revised
program was to review the requirements for many of
the vertical directives and to stop work on those that
were not considered essential to the facilitation of
trade. The program required that the European Com-
mission concentrated on legislation that covered all
classes of food such as labeling, prescribed quantities,
packing by weight or volume, and purity criteria for
the additives already covered by directives. A number
of vertical directives that were at an advanced stage
were also to be finalized. These included the directive
on fruit jams, jellies, marmalades, and chestnut
purO
˜
e which was finally adopted in 1979, the direct-
ive on coffee extracts and chicory products (1977),
and the directive on natural mineral waters (1980).
0010Of the other proposals for vertical directives, one
controlling the levels of erucic acid in fats and oils
was adopted in 1976. The directive on the methods of
analysis for determining the erucic acid content was
eventually adopted in 1980. Whilst these two direct-
ives were introduced for reasons of food safety, they
have traditionally been regarded as belonging to the
vertical legislation.
0011A directive defining edible caseins and caseinates
and specifying the chemical standards and labeling
requirements for these ingredients was adopted in
1983 after protracted discussions on the proposals.
It took another 2 years before the directive on the
methods of analysis was agreed and this was followed
a year later in 1986 by a second directive laying down
the sampling methods for the chemical analysis.
0012Except for directives on the methods of analysis of
coffee and chicory extracts, the sampling and analysis
of preserved milk products, and the manufacture of
fruit nectars, the only other vertical directive that was
2196 EUROPEAN UNION/European Food Law Harmonization