Regulatory Framework & Market Regulators

Mexico is a highly regulated country that makes it necessary to consider all the requirements of its legal framework in order to comply with an efficient and sustainable operation.

In Mexico, the legal framework on which the industrial organization of the energy sector and the basis for its regulation is based is mainly established by the Political Constitution of the United Mexican States in its articles 25, 27 and 28, as well as the laws that derive from or are linked to such provisions. This framework has been subject to modifications over time, the last major modification was the Energy Reform of 2013.

The fundamental aspects of the 2013 Energy Reform were:

  1. The Mexican State maintains control and ownership of hydrocarbons,
  1. The participation of third parties in the sector through different types of contracts and a new tax regime,
  2. PEMEX and CFE become State Productive Enterprises,
  3. Restructuring of the energy sector with new entities, new definition of roles and strengthening of regulatory entities.

With the Decree, eight new laws were approved and thirteen were modified.

New laws

Amended laws

  • Hydrocarbons Law
  • Law of Revenues on Hydrocarbons
  • Law of the Mexican Petroleum Fund for Stabilization and Development
  • Law on Coordinated Regulatory Bodies in Energy Matters
  • Law of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbon Sector
  • Electricity Industry Law
  • Geothermal Energy Law
  • Law of the Federal Electricity Commission
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  • Petroleos Mexicanos Law
  • Organic Law of the Federal Public Administration
  • Law of Fiscal Coordination
  • Federal Budget and Fiscal Responsibility Law
  • General Law of Public Debt
  • Federal Law of Rights
  • Federal Law of Parastatal Entities
  • Public-Private Partnerships Law
  • Foreign Investment Act
  • Mining Law
  • Public Sector Acquisitions, Leasing and Services Law
  • Law on Public Works and Related Services
  • National Waters Law

Amended laws

Accordingly, the Main Regulatory Bodies and their functions are as follows:

  1. The CRE is a coordinated energy regulatory body that autonomously regulates the development of the energy market in Mexico. Its specific functions are:

COFECE

2. COFECE is an autonomous body in charge of overseeing, promoting and guaranteeing competition and free concurrence in the markets. Its specific functions are:

To foster

To prevent

To drive

competition and free competition in the markets.

monopolies and monopolistic practices.

economic growth and market competition.

SENER

3. The SENER establishes the country's energy policy, within the current constitutional framework, guaranteeing the competitive supply of fuels and energy. Its specific functions are:

a. To elaborate the different norms that govern the various activities of the value chain.

b. To grant fuel import permits.

c. Promover el uso racional y eficiente de la energía.

SHCP

4. The SHCP proposes, directs and controls the Government's economic policy in financial, fiscal, spending and income matters and public debt. As of 2015 and until 2017, it will be the agency in charge of establishing the prices of fuels marketed in the country. Its specific functions are:

a. Establecer los precios máximos de venta de los combustibles.

b. Instrumentar programas de apoyo focalizados, favoreciendo la apertura del mercado.

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