Commission Implementing Regulation (EU) 2026/1734 updates the technical standards for animal welfare during killing by amending Annex I to Council Regulation (EC) No 1099/2009. This act incorporates the latest scientific opinions from the European Food Safety Authority (EFSA) to refine the use of non-penetrative captive bolt devices and introduces nitrogen-based high-expansion foam as a new authorized method for specific animal categories. These updates ensure that killing methods remain aligned with current technical progress while maintaining high standards of animal welfare. ****: As this regulation affects standard practices for the slaughter and depopulation of livestock, it has direct implications for agricultural operations and food safety compliance across the EU, including for Ukrainian producers exporting to or operating within the European market.
### Structure and Main Provisions
The act is structured as a technical amendment to the existing legal framework on the protection of animals at the time of killing. It consists of two articles and an Annex that modifies the original Regulation (EC) No 1099/2009:
* **Non-penetrative captive bolt updates:** The regulation clarifies the specific weight thresholds and usage conditions for this method. It distinguishes between its use as a “killing method” (for piglets up to 5 kg and lambs/goat kids up to 4.5 kg) and as a “simple stunning method” (for heavier piglets up to 10 kg and other small ruminants).
* **Introduction of Nitrogen High Expansion Foam:** This is a new addition to the list of authorized methods. It is strictly limited to pigs (15–41 kg) and poultry (laying hens and broilers) for purposes other than slaughter (e.g., disease control or depopulation).
* **Changes from previous versions:** Unlike the previous version of the Annex, which provided more general guidance, this regulation introduces highly specific operational parameters, such as mandatory oxygen concentration levels, exposure times, and foam expansion ratios, which were previously absent or less defined.
### Key Provisions for Implementation
For operators and regulatory authorities, the following provisions are critical for compliance:
1. **Strict Technical Parameters for Foam:** When using nitrogen high-expansion foam, operators must ensure the residual oxygen concentration remains below 2% by volume. The regulation mandates a minimum exposure time of 5 minutes for poultry and 7 minutes for pigs, with a required foam expansion ratio of 1:>250.
2. **Operational Requirements for Captive Bolts:** The regulation now mandates specific anatomical positioning for the device. For piglets, the impact must be on the midline of the frontal-parietal bone; for neonatal lambs and goat kids, it must be applied on the midline behind the poll (between the ears) with the chin tucked.
3. **Monitoring and Safety:** The regulation emphasizes the need for continuous monitoring of oxygen levels during foam use and requires that the foam be transparent to allow for the observation of the animals, ensuring that the process is effective and that no animal is left conscious.
4. **Scope Limitation:** It is vital to note that the authorization for nitrogen foam is restricted to the specific weight ranges and species mentioned. Using this method on animals outside these categories or for purposes other than those specified (e.g., standard commercial slaughter) is not covered by this authorization and would require separate scientific validation.
