What is the difference between mandatory certification and voluntary conformity assessment schemes?

The difference between mandatory certification and voluntary conformity assessment schemes lies in their legal status, regulatory purpose, and consequences for market access.

Mandatory Certification

Mandatory certification is a legal requirement imposed by law or regulation. Products that fall within scope cannot be legally placed on the market unless they have been assessed and approved in accordance with the applicable rules.

Key Characteristics

• Required by law under specific regulations or technical regulations

• Pre-market approval is typically required

• Involves government bodies or government-appointed certification bodies

• Non-compliance can result in customs holds, sales bans, recalls, fines, or criminal liability

Typical Features

• Assessment routes are strictly defined (e.g. testing + certification + factory audit)

• Certificates often have limited validity and require renewal or surveillance

• Importers or local representatives are usually legally accountable

• Evidence must be available for customs clearance and market surveillance

Examples

• Product certification under government schemes for regulated products (e.g. electrical safety, telecoms, medical devices)

• Energy efficiency registrations required before import

• Safety approvals required for children’s products in certain markets

Voluntary Conformity Assessment Schemes

Voluntary conformity assessment schemes are not required by law, but are used to demonstrate compliance, quality, or safety beyond minimum legal obligations.

Key Characteristics

• Not legally required for market access

• Adoption is driven by commercial, contractual, or reputational considerations

• Often based on international or industry standards

• Typically self-declared or third-party verified, depending on the scheme

Typical Features

• Used to support due diligence or reduce liability risk

• May be required by retailers, platforms, or buyers, even if not required by regulators

• Generally more flexible in scope and validity

• Failure to obtain does not automatically prevent sale, unless contractually required

Examples

• Voluntary safety or quality marks

• Retailer-specific testing protocols

• Internal compliance programmes aligned to international standards

Why the Distinction Matters

Many businesses incorrectly assume that:

• voluntary schemes are “optional but safe to ignore”, or

• mandatory certification automatically covers all compliance obligations.

In practice:

• mandatory certification enables legal market access, and

• voluntary conformity assessment strengthens risk management, buyer confidence, and defensibility.

A robust compliance strategy typically includes both, applied appropriately based on product type, risk profile, and target markets.