Burden of Proof

Feedback Forced Labor Ban

communication between authorities, the recognition of decisions and the active collaboration within the Union Network Against Forced Labor Products remains essentially unaltered.

Burden of Proof

Companies should not be asked to bear the burden of proof in their fulfilment of the provision set out in Article 3. German companies have a right to trade freely with foreign markets. Restricting this right needs to be done in a proportionate manner and it is our understanding that in this instance upending a core rule-of-law principle amounts to little more than simplistic yet costly symbolism. This would not serve the regulatory goal. Instead of effectively eradicating forced labor, a reversal would put disproportionate stress on economic operators while overwhelming the capacities of national authorities in processing the available data and making efficient decisions on the risk exposure businesses have when operating in certain product categories or geographical areas. We appreciate that such a reversal has not been proposed by the Commission. It is the position of BDI that the forced labor ban can only be risk-based, efficacious and easy to use if it is not based on a reversal of the burden of proof.