With the recent amendment to Regulation (EC) No 853/2004, via Delegated Regulation (EU) 2025/1449, the provisions relating to emergency slaughter have also been updated. The amendment represents a significant broadening of the existing rules. At the same time, practical implementation in the Netherlands is lagging behind the European entry into force.
Until recently, emergency slaughter was only permitted if an animal had been involved in an accident and, for welfare reasons, could not be transported alive to the abattoir, even though the animal was otherwise healthy. Under the European amendment, the requirement that an accident must have occurred has been removed.
From now on, animals that are fit for slaughter but may not be transported under the Transport Regulation may also be eligible for emergency slaughter. This shifts the legal criterion from “accident” to “unfitness for transport”, provided the animal is fit for slaughter.
This extension broadens the range of animals that may be covered by the scheme. This includes animals with acute mobility problems or other conditions that prevent them from being transported, even where no traditional accident has occurred.
The European Commission explicitly justifies the amendment on the grounds of animal welfare. Animals that are not expected to recover no longer need to remain on the farm whilst awaiting improvement. This prevents unnecessary suffering.
Sustainability is also a factor. By relaxing the regulations, more animals – provided they are deemed suitable – can be used for human consumption rather than being disposed of outside the food chain.
However, this relaxation has direct implications for food safety and for the role of the veterinarian. The ante-mortem inspection (AM inspection) in the case of emergency slaughter remains the key point of control.
Whereas the criterion of “accident” previously provided a clear definition, there is now greater scope for discretion. The vet must determine that, on the one hand, the animal must not be transported, but, on the other hand, it does not exhibit any systemic conditions or other risks that could jeopardise food safety.
This makes the assessment process more complex and requires clear guidelines and appropriate training.
Delegated regulations generally enter into force 20 days after publication, unless otherwise specified. The amendment in question has already been published and will apply at EU level from January 2026.
However, implementation practices in the Netherlands have not yet been updated. The Netherlands Food and Consumer Product Safety Authority (NVWA) has indicated that the new procedure will only be introduced once the ministerial decree has been amended, protocols have been revised and the veterinarians concerned have been instructed or retrained. It is expected that this implementation will not be completed until the second half of 2026.
Until then, the current procedure will remain in force.
Formally, the ante-mortem inspection in the event of emergency slaughter may only be carried out by official veterinarians employed by the NVWA. Due to capacity constraints, a ministerial decree in the Netherlands stipulates that trained and qualified practising veterinarians may also perform this task.
Due to the legislative amendment, this ministerial framework must be amended. Until this has been done, practising vets may, for the time being, only carry out an AM examination on an otherwise healthy animal that has been involved in an accident and cannot be transported alive for animal welfare reasons.
In other words: although the European rules have been relaxed, the old eligibility criteria will continue to apply in practice in the Netherlands for the time being.
The handbook and implementation guidelines for practising vets also need to be updated to bring them into line with the new European criteria.
This situation leads to a transitional phase in which European law and national implementation are not fully aligned. European regulations are directly applicable in the Member States. When national implementation practices lag behind, a tension arises between legal validity and practical applicability.
For livestock farmers and abattoirs, this means that consultation with the vet and the NVWA remains essential. The expanded options cannot yet be utilised without further ado until the national guidelines have been updated.
The extension of the emergency slaughter scheme marks a clear policy choice: greater scope for animal welfare and the sustainable use of animals, within the framework of food safety.
The coming period will be dominated by implementation, the review of national decisions and the amendment of implementing guidelines. It is expected that by the second half of 2026, it will become clear how the new system will ultimately take shape in the Netherlands.
Until then, the sector will continue to operate in a transitional situation in which caution and coordination with the competent authority are required.
Source: https://www.nvwa.nl/actueel/nieuws/2026/02/23/wetswijziging-noodslacht-huidige-werkwijze-blijft-voorlopig-gelden and https://www.nvwa.nl/documenten/eten-drinken-roken/vlees-en-vleesproducten/publicaties/regels-over-noodslachtingen-voor-praktiserende-dierenartsen
