August 31st, 2021 / Energy and Infrastructure / Client Alert
On August 25, 2021, the Energy Regulatory Commission (“CRE”, for its acronym in Spanish), through the Official Federal Gazette (“DOF”, for its acronym in Spanish) issued the “Emergency Resolution No. A/025/2021, which establishes the actions to follow to address the security of supply, in the distribution of liquefied petroleum gas” (hereinafter, the “Resolution”).
Through this Resolution the permit holders of LP Gas Distribution which operate by distribution plants and/or tank trucks, and/or delivery vehicles, must comply before the CRE, to form a register of activities, with the following actions:
- Inform the name, address, telephone number, e-mail, and some Mexican registries such as the Unique Population Registry Code (“CURP”, for its acronym in Spanish) and/or Tax ID (“RFC”, for its acronym in Spanish) of the individuals or legal entities that assist in the development of the distribution activities of the permit holder (“Third-Party Assistants”), as well as the driver’s license number, license plates and type of vehicle.
- Prove with a suitable document that the individuals or legal entities that provide their services do so only through a single corporate name and a single distribution permit title by means of a distribution plant.
- Report the consideration, percentage, margin, or profit obtained by the Third-Party Assistants.
- Verify that the delivery vehicles and/or tank trucks used in the LP gas distribution activity comply with the Mexican Official Standards in the industry.
For the aforementioned, the permit holders shall comply with other obligations that must be analyzed depending on the activities of each distributor, and which will have to be complied within 20 business days, computed as of August 26, 2021.
If you have any further inquiries related to the legal compliance regarding the obligations contained in the Resolution, please contact our Energy and Infrastructure team:
Rodolfo Reyes Ibáñez
Luis Enrique Martínez Vázquez