Mexican National Energy Commission Establishes Program to Regularize Self-Consumption Fuel Dispensing Activities: An Opportunity to Regularize Existing Operations
Dear Clients and Friends:
On August 11, 2026, the Official Gazette of the Federation (Diario Oficial de la Federación, or the “DOF”) published the “Decree of the National Energy Commission Establishing the Registration Program for Persons with Facilities Where Fuel Dispensing for Self-Consumption Activities Are Carried Out” (the “Decree”), pursuant to which the National Energy Commission (“CNE”) established a temporary and exceptional mechanism for individuals and legal entities currently engaged in fuel dispensing for self-consumption activities without the corresponding permit.
For purposes of the Decree, Fuel Dispensing for Self-Consumption is defined as the activity consisting of receiving, storing, and supplying fuels exclusively for use in motor vehicles that are owned or possessed by the interested party and are directly related to its business activities or corporate purpose.
The Decree is intended to allow individuals and legal entities currently engaged in these activities without the required permit to register before the CNE and temporarily continue their operations while the CNE develops and issues the specific regulatory framework establishing the requirements and conditions for obtaining a permanent permit for fuel dispensing for self-consumption.
The Program established under the Decree creates a temporary and exceptional Registration for all persons engaged in fuel dispensing for self-consumption activities without a permit as of the effective date of the Decree. Registration must be completed for each facility where such activities are carried out and must include various corporate, tax, technical, and operational information and supporting documentation.
Once the registration application is submitted, the CNE will automatically issue a Registration Certificate, which will allow the applicant to temporarily continue conducting fuel dispensing for self-consumption activities at the registered facilities. It is important to note that the Registration Certificate does not constitute a permanent permit or a favorable determination regarding the ultimate authorization of the activity. Rather, it is a temporary mechanism that will allow registered parties to continue operating as they currently do while the definitive regulatory framework is established.
The registration period will remain open until December 31, 2026. Thereafter, the CNE will have up to 12 (twelve) calendar months to issue the specific regulations governing the issuance of permits for fuel dispensing for self-consumption. Once such regulations are issued, registered parties will be required to apply for and, as applicable, obtain the corresponding permit within the deadlines and in accordance with the requirements established by the CNE.
In this regard, the Program represents a significant opportunity for individuals and legal entities that currently operate facilities for the self-consumption of fuel and that, despite routinely conducting these activities, do not hold the required permit. The Program will allow them to temporarily enter the regulatory framework and continue their operations while the definitive legal framework governing these activities is developed. In addition, registration will allow applicants to continue purchasing fuel from authorized distributors and marketers during the term of the Registration and until the corresponding permit is obtained, provided that they comply with the requirements and deadlines established by the CNE.
It is important to note that registration should not be construed as a permanent regularization of the underlying activities, as the CNE retains its powers to supervise, verify, and sanction registered parties and may cancel the registration if it identifies activities being conducted in violation of the regulatory framework or the terms applicable to the Registration Certificate.
Therefore, we strongly recommend that any party operating facilities for the storage and dispensing of fuel undertake a timely legal and documentary review of each facility to determine whether the activities being conducted fall within the scope of the Program established under the Decree, verify compliance with the applicable registration requirements, and, as appropriate, identify and address any circumstances that could pose a risk to obtaining or maintaining the Registration Certificate.
At EC Rubio, we have extensive experience in energy matters and regulatory matters affecting the hydrocarbons sector. Our team can assist you with a comprehensive review of your facilities and operations to determine whether the Program applies to your particular circumstances, identify applicable requirements and potential regulatory risks, and, as appropriate, prepare and submit the corresponding registration application before the CNE, as well as provide ongoing counsel throughout the subsequent stages leading to the issuance of the permanent permit.
We will continue to monitor the issuance of the specific regulations that the CNE is required to adopt for the granting of permits for fuel dispensing for self-consumption, as well as any additional provisions concerning the implementation of the Program, in order to keep you timely informed of its implications and opportunities for the various productive sectors.
Should you have any questions or comments regarding the foregoing, please do not hesitate to call your usual contact in the Firm.
Mining
Pablo Méndez / pablo.mendez@ecrubio.com
Alejandro Salomón / alejandro.salomon@ecrubio.com