The EU Regulation on Deforestation and Criminal Liability

This chapter analyzes Regulation (EU) 2023/1115 on deforestation (EUDR) and its implications for criminal liability within the European Union legal framework. The authors situate the Regulation within the broader evolution of environmental criminal law, emphasizing the growing connection between agri-food production, environmental sustainability, climate protection, and global supply chains. A central focus of the chapter is the new criminal liability regime linked to the Regulation through EU Directive 2024/1203, which requires Member States to criminalize violations of the deforestation rules. The proposed offense applies to both natural and legal persons and may be committed intentionally or through serious negligence. The sanctions are severe, including significant fines for companies and prison sentences for individuals. However, the authors highlight several critical issues, particularly the fact that liability may arise even without proof of a direct causal link between a specific act of deforestation and the product placed on the market, raising concerns regarding proportionality, legality, and the principles of criminal liability.