On March 18, 2025, a package of eight new energy laws was published in the Official Journal of the Federation, aligning with the constitutional reforms of October 2024. These modifications represent a significant shift in sector regulation and bring direct implications for companies operating in Mexico, particularly in the hydrocarbons, electricity, and renewable energy industries.
Key Regulatory Changes
The new legislation grants the Mexican government greater control over the energy sector through the Ministry of Energy (SENER) and the National Energy Commission (CNE), which will assume regulatory powers previously held by the now-defunct Energy Regulatory Commission (CRE) and National Hydrocarbons Commission (CNH).
In the hydrocarbons sector, the new Hydrocarbons Sector Law establishes that only PEMEX will be able to obtain exploration and extraction assignments, although it may partner with private companies under certain schemes. Additionally, SENER will have exclusive authority to grant permits for activities related to the crude oil and natural gas supply chain, with stricter approval criteria and an increase in grounds for permit revocation.
In the electricity sector, the new Electricity Sector Law strengthens the role of CFE, allowing it greater participation in energy generation and distribution, with priority in the use of state-owned infrastructure.
Impact on Businesses
For companies in the sector, these modifications introduce new regulatory and operational challenges. Key aspects to consider include:
- Greater government intervention: Regulations now favor state-owned companies, potentially creating a more restrictive environment for private sector participation.
- Restrictions on permits and concessions: The new authorization and revocation criteria may affect the operational continuity of companies engaged in energy commercialization, storage, and distribution.
- Stronger sanctions and compliance requirements: Penalties have been toughened for non-compliance, including specific obligations for reporting and periodic information submission to authorities.
- Changes in the energy market: The removal of references to price determination based on market conditions could create uncertainty in setting rates for products such as gasoline, diesel, and LP gas.
Recommendations for the Private Sector
Given this new landscape, companies must take proactive steps to ensure regulatory compliance and reassess their operational strategies. Recommended actions include:
- Reviewing existing contracts and permits to identify potential risks arising from the new legislation.
- Strengthening regulatory compliance through internal audits and the implementation of updated information systems.
- Evaluating business alternatives considering the new regulatory environment and potential collaboration opportunities with state-owned companies.
- Seeking legal and tax advisory services to fully understand the changes and their implications for business operations.
Companies that anticipate these changes with solid compliance and adaptation strategy will be better positioned to continue operating efficiently in the market.
At Calderón Marín, our team of experts in energy regulation, corporate law, and tax matters is ready to support you in adapting to this new legal framework. Do not hesitate to contact us to assess how these changes impact your business and define the best compliance and operational strategies.