The obligations in terms of food waste management are expanded, which will require a review of the internal procedures for handling, distribution and consumption of food in hotels, restaurants and catering.


On September 26th, Directive (EU) 2025/1892 of the European Parliament and of the Council of September 10th amending Directive 2008/98/EC on waste was published in the Official Journal of the European Union. The new regulation, which will come into force on October 16th, responds to the requirements of the European Green Deal and the New Action Plan for the Circular Economy, with the aim of guaranteeing the environmental sustainability of the sectors with the greatest use of resources. Among them is the food sector, considered by the directive as a sector capable of generating significant negative repercussions on the environment. Member States must transpose their laws, regulations and administrative provisions by June 17th 2027, introducing specific measures that promote the prevention of food waste throughout the value chain, expressly including restaurants, hotels and collective catering services.

Focusing on food, the directive instructs Member States to adopt measures to prevent the generation of waste throughout the food chain, from primary production to final consumption. In the case of restaurants and hotels, this will involve strengthening management practices in the kitchen, buffet and collective catering, as well as in food distribution services to guests and customers.

Among the minimum measures provided for by the directive are:

  • Develop information campaigns that promote awareness of food waste prevention among professionals and users of restaurants and hotel services.
  • Detect and address inefficiencies in food procurement, preparation, and service processes.
  • Encourage the donation and redistribution of food suitable for human consumption.
  • Promote technological solutions that facilitate the management and traceability of food surpluses and waste.

Member States should also ensure that all actors in the food chain, including hotels and restaurants, are actively involved in waste prevention in a manner proportionate to their capacity and role. Of particular relevance are the mandatory reduction targets to be met by December 31st 2030:

  • 10% reduction in food waste in the processing and manufacturing phases, compared to the annual average of 2021-2023.
  • 30% per capita reduction in food waste generated in retail, catering and households, compared to the annual average of 2021-2023.

The transposition of the directive will oblige Spain to guarantee the necessary coherence and compatibility between the different regulations that converge in this area, particularly Law 1/2025, of April 1st, on the prevention of food losses and waste (discussed in this post), which adopts a different quantitative and temporal criteria.

As is well known, this Spanish law provides for the approval of a National Plan for the Control of Food Losses and Waste, which can be reviewed every four years, so it will be necessary to be attentive to whether it is the instrument through which to incorporate the objectives imposed by the directive.

In short, the entry into force of Directive (EU) 2025/1892 will mark a turning point in the obligations to prevent and manage food waste in hotels, restaurants and catering services, sectors in which correct supply planning, the redistribution of surpluses and the digitalization of stock and consumption controls will be essential elements for regulatory compliance.

Jabier Gómez 

Administrative and Constitutional Law service