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Transport and storage
What is the general legal framework governing the transportation and storage of oil and gas resources in your jurisdiction?
As a result of the Energy Reform Decree, transportation and storage of crude oil and products are now governed by the Hydrocarbons Law and its regulations, and are subject to permits issued by the Energy Regulatory Commission.
Parties interested in obtaining permits must file an application before the Ministry of Energy or commission, as applicable, which will contain:
- the name and address of the applicant;
- the activity that it wishes to pursue;
- the technical specifications of the project;
- the document that states the applicant’s commitment to have the guarantees and insurance required by the competent authority, as applicable; and
- other information established in the corresponding regulation.
How is cross-border transportation of oil and gas resources regulated?
The Hydrocarbons Law regulates the export and import of oil and gas, and provides that such activities will be subject to a permit granted by the Ministry of Energy.
In December 2014 the secretary of energy and the ministry issued the classification and codification rules for hydrocarbons and petroleum products whose import or export is subject to a prior permit issued by the ministry.
Are there specific provisions governing marine and ground transportation of oil and gas resources?
Yes, various general provisions, guidelines and official Mexican standards have been issued by the Energy Regulatory Commission, the Ministry of Energy and the the National Agency of Industrial Safety and Environmental Protection for the Hydrocarbons Sector to regulate the transportation of oil and gas resources. These provisions were published in the Federal Official Gazette.
Construction and infrastructure
How are the construction and operation of pipelines, storage facilities and related infrastructure regulated?
The construction and operation of pipelines, storage facilities and related infrastructure are regulated by the various general provisions, guidelines and the official Mexican standards that have been issued by the Energy Regulatory Commission, the Ministry of Energy and the National Agency of Industrial Safety and Environmental Protection for the Hydrocarbons Sector. These provisions were published in the Federal Official Gazette.
What rules govern third-party access to pipelines and related infrastructure?
The Energy Regulatory Commission has issued general provisions that regulate a permit holder’s obligation to open access. Permit holders providing services to third parties for transportation and distribution through pipelines, as well as storage of hydrocarbons, petroleum products and petrochemicals, are obliged to provide open access to their facilities and services.
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