It is not entirely possible to ban stun guns

A national amendment to the Animal Keepers Decree has been in force since 1 January 2026, prohibiting the use of electric prods as a means of herding livestock, within the scope permitted to the Netherlands. This is because EU regulations still permit the use of electric livestock herding devices in certain cases, subject to strict conditions.

The crux of the ban

The ban applies to the use of electric shocks for the purpose of herding farm animals kept for commercial purposes.
The Netherlands cannot ban this everywhere, as EU regulations on transport and slaughterhouses still permit its use under certain conditions and leave only limited scope for stricter national rules. For this reason, the national ban applies primarily to primary production facilities and to loading and unloading operations for domestic transport.

1) Primary businesses

The use of electric prods to drive animals is prohibited.
This concerns the herding of animals on the farm itself, including the period leading up to loading. The herding of animals in stables and on the farmyard falls under “keeping of animals” and general animal welfare standards. The Netherlands is permitted to set its own, stricter rules in this regard via the Animal Keepers Decree. That is precisely what has been done with this Order in Council.

2) Carriers and loading/unloading in domestic transport (NL–NL)

The use of electric shock devices as a means of driving animals is prohibited during the loading and unloading of transport operations taking place entirely within the Netherlands. In the case of transport, Member States may adopt stricter national measures to improve animal welfare for transport taking place entirely within their own territory. This allows the Netherlands to impose a national ban on the use of electric prods for domestic transport.

So, when loading, it must be established immediately whether the transport is domestic or international.

3) Collection centres

Collection centres were the subject of discussion because it is not always clear whether they constitute “transport” or a “location”. The Council of State explicitly asked for this scope to be clarified, specifically for the sake of enforceability. In the finalised version, the application is linked to the transport flow.

In essence:

  • For domestic flows, the same ban applies as for NL–NL loading/unloading.
  • In the case of international flows, national restrictions cannot go beyond what is permitted under the EU Transport Regulation; in such cases, the EU framework applies, with strict conditions.

Practical implication: collection centres must be able to demonstrate, both administratively and operationally, which stream the waste belongs to.

4) Slaughterhouses

Slaughterhouses are subject to EU Regulation (EC) No 1099/2009 (protection of animals at the time of killing). That regulation still permits the use of electric prods under strict conditions.
And the national explanatory notes make it very clear: the Netherlands cannot prohibit what the EU regulation permits, because Regulation (EC) No 1099/2009 allows only very limited scope for stricter national rules.

Under EU rules, it is considered a last resort, subject to certain conditions (including the target group, the site of administration, the duration, and the requirement that it not be repeated). Many companies have therefore already adopted an internal policy of “in principle, no” or “only with explicit consent”.

5) International transport

The same legal framework applies here as it does to slaughterhouses, but under EU Transport Regulation (EC) No 1/2005.
The national legislature cannot simply impose a total ban on international transport. There is more leeway when it comes to domestic transport, and the Netherlands is now making use of that leeway.

Enforcement remains unclear

The Council of State pointed out emphatically that effectiveness depends primarily on enforcement capacity and clarity regarding the precise scope of the ban.
The NVWA’s HUF test highlights a practical problem: the NVWA is not usually present during loading for domestic transport, and such transport does not generally need to be reported. Enforcement therefore often depends on catching offenders in the act, reports from the public or, where available, CCTV footage.

Source: https://zoek.officielebekendmakingen.nl/stcrt-2025-43656.html 

 

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