On July 16th, the National Commission for Regulatory Improvement (“CONAMER”) published the draft of the “Resolution by which the Energy Regulatory Commission establishes the process to regularize Permits for the Sale to the General Public of Oil Products in Gas Stations that modified the Commercial Brands and/or Products authorized in the Permit, without requesting or receiving the update authorization from the Energy Regulatory Commission” (the “Resolution”).
The purpose of the Resolution is to establish a voluntary and simplified regularization scheme that guarantees end users that the commercial brand and/or products to be sold in the gas stations have the quality and specifications required in the oil-refined products regulation, and also guarantees the traceability of the product, with the intention of regularizing those permits that have changed the commercial brands and/or sold products different from the ones authorized in their permits.
Pursuant to the Resolution, the retail permit holders that wish to voluntarily regularize their activities must express such intention to the Energy Regulatory Commission (“CRE”) and accept the process derived from the Resolution by means of a document signed under oath. The CRE will have a period of 10 days to notify the update of the trademark or authorized product and impose an economic sanction.
Specifically, the regularization process will entail the imposition of an economic sanction, so that once voluntarily paid, the non-compliance of obligations will be considered resolved by the permit holder.
It should be noted that for purposes of the regularization referred to in the Resolution, only non-compliance with update on the commercial brands and/or authorized products to be sold established in the terms and conditions of the permit will be considered.
The Resolution would enter into force on of the day following its publication in the Official Gazette of the Federation, ending its validity on December 17, 2024.
If you require regulatory advice in this regard, our team of specialists are at your disposal to provide legal services tailored to your needs.
This newsletter was prepared by José Antonio Postigo-Uribe ([email protected]), Max Ernesto Hernández-Ernult, ([email protected]), Tania Elizabeth Trejo-Gálvez ([email protected]), and Malcolm Hemmer-Rebolledo ([email protected]).
