Key data
| Regulation | Implementation Decision (EU) 2026/1967 — amends Implementation Decision (EU) 2022/1668 |
|---|---|
| Publication | September 4, 2026 |
| Entry into force | September 3, 2026 |
| Affected parties | Manufacturers and distributors of equipment with optical radiation for ATEX zones |
| Category | European Regulation |
| Updated technical standard | EN explosive atmospheres — part 28: protection of equipment and transmission systems with optical radiation |
| Regulatory framework | ATEX Directive |
If you manufacture or distribute equipment with optical radiation—lasers, infrared systems or fiber optic transmission—intended for zones classified as ATEX, this decision affects you directly. Implementation Decision (EU) 2026/1967, published on September 4, 2026, amends Implementation Decision (EU) 2022/1668 to update the technical requirements of the harmonized EN standard part 28. As of September 3, 2026, the new standards are the valid reference for demonstrating conformity with the ATEX Directive (2014/34/EU).
What does this regulation establish?
The harmonized EN standard for explosive atmospheres is structured in parts. Part 28 specifically regulates the protection of equipment and transmission systems that use optical radiation, that is:
- Laser equipment
- Infrared transmission systems
- Fiber optic transmission systems
The update introduces new technical requirements that manufacturers must comply with to obtain or maintain the presumption of conformity with the ATEX Directive. This presumption is the mechanism that allows commercializing the product in the European market with CE marking without needing to individually demonstrate each safety requirement to the authorities.
| Aspect | Previous standard (based on Decision 2022/1668) | Updated standard (Decision 2026/1967) |
|---|---|---|
| Valid regulatory reference | Previous version of EN part 28 | New version of EN explosive atmospheres part 28 |
| ATEX presumption of conformity | Based on previous technical requirements | Requires compliance with new updated technical requirements |
| Already certified products | Compliant with previous standard | Transitional period available for adaptation |
| Consequence of non-compliance | Not applicable (current standard) | Withdrawal of CE marking and prohibition of commercialization in the EU |
Economic and operational impact
The main impact is not a direct economic sanction, but the loss of the right to commercialize in the European market. For a manufacturer of ATEX equipment with optical radiation, this can mean:
- Sales paralysis throughout the EU until obtaining the new certification.
- Recertification costs: technical tests, updated documentation and, where applicable, intervention by a notified body.
- Product redesign if the new technical requirements demand changes in the equipment's hardware or software.
- Stock management: products already manufactured under the previous standard can continue to be commercialized during the transitional period, but it is necessary to know its exact duration to plan production.
For distributors, the risk is commercializing products that no longer have valid presumption of conformity, which exposes them to liabilities before the market surveillance authorities of each Member State.
Who does it affect?
- Manufacturers of laser equipment intended for installations with potentially explosive atmospheres.
- Manufacturers of infrared transmission systems for ATEX zones.
- Manufacturers of fiber optic systems for classified environments.
- Distributors and importers of this equipment in the European market.
- Chemical and petrochemical industry: main user sector of this equipment in zones with explosion risk.
- Mining sector: underground and surface installations with explosive atmospheres.
- Manufacturing industry with processes that generate explosive atmospheres (painting, surface treatment, gas storage).
- Procurement and HSE managers (Health, Safety & Environment) of companies that acquire this equipment, who must verify the validity of CE marking from their suppliers.
Practical example
A Spanish manufacturer of fiber optic transmission systems for classified ATEX zones currently has several models certified under the harmonized EN standard part 28 in its previous version, covered by Decision 2022/1668.
With the entry into force of Decision 2026/1967 on September 3, 2026, those certificates remain valid during the established transitional period. However, the company must act now:
- Identify which models in its catalog are affected by part 28 of the EN standard.
- Review the new technical requirements with its notified body to determine whether current products comply or require modifications.
- Plan recertification tests before the transitional period expires.
- Update the technical documentation and EU declaration of conformity for each affected model.
If it does not act within the transitional period, its products will lose CE marking under the ATEX Directive and cannot be commercialized in any EU Member State.
What should companies do now?
- Identify affected products: review the catalog and determine which equipment uses optical radiation (laser, infrared, fiber optic) and is intended for ATEX zones.
- Consult the notified body: contact the notified body that issued the current certification to understand the scope of technical changes and the impact on current certificates.
- Know the transitional period: verify the exact duration of the transitional period for products already certified under the previous standard, as it determines the maximum deadline for completing recertification.
- Plan recertification: initiate the process of updating technical documentation and, where applicable, conformity tests with the new version of EN part 28.
- Update the EU declaration of conformity: once the new certification is obtained, update the declaration of conformity and CE marking documentation for each product.
- Inform the distribution network: communicate to distributors and importers the certification status of products and the expected timelines for updates to prevent them from commercializing products with invalid CE marking.
Non-compliance can result in the withdrawal of CE marking and prohibition of commercialization in the European market, with consequent commercial losses and possible liabilities before market surveillance authorities.
Frequently asked questions
What equipment is affected by the new ATEX standard part 28?
The EN explosive atmospheres standard part 28 regulates equipment and transmission systems that use optical radiation in zones with explosion risk. This includes laser equipment, infrared transmission systems and fiber optic transmission systems intended for installations classified as ATEX.
What happens if my product is already certified ATEX under the previous standard?
Products already certified under the previous standard (covered by Implementation Decision 2022/1668) have a transitional period to adapt to the new requirements. During that period they can continue to be commercialized. Once expired, they must have obtained the new certification or will lose CE marking and cannot be sold in the EU.
When does the new ATEX standard for optical radiation enter into force?
Implementation Decision (EU) 2026/1967 entered into force on September 3, 2026 and was published in the EU Official Journal on September 4, 2026. From that date, the new version of the harmonized EN standard part 28 is the valid reference for the presumption of conformity with the ATEX Directive.
What are the consequences of not complying with the new ATEX standard?
Non-compliance implies the loss of the presumption of conformity with the ATEX Directive, which entails the withdrawal of CE marking and prohibition of commercializing the product in the European market. Distributors who commercialize products without valid CE marking are also exposed to liabilities before the market surveillance authorities of each Member State.
Which sectors should pay more attention to this regulatory update?
The sectors with the greatest exposure are the chemical industry, petrochemical industry, mining and manufacturing with processes that generate explosive atmospheres. In all of them, equipment with optical radiation is commonly used in classified ATEX zones, so both manufacturers of that equipment and procurement and HSE managers of user companies must verify the certification status of their equipment.
Official source
Consult complete regulation in official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32026D1967
