Mexico: CNE issues new rules for the marketing of natural gas, petroleum products, liquefied petroleum gas and petrochemicals, introducing operational restrictions and new obligations

On 5 November 2026, the National Energy Commission (CNE) published in the Official Gazette of the Federation the General Administrative Provisions governing the marketing of natural gas, petroleum products, liquefied petroleum gas and petrochemicals.

The provisions establish a new regulatory framework for marketing activities and govern, among other matters, the requirements for obtaining and amending permits, updates resulting from changes of control, permit terms and the obligations applicable to permit holders. They also introduce restrictions on certain transactions between permit holders and new requirements relating to supply capacity, the procurement of logistics services, traceability and the substantiation of transactions.

Key aspects of the provisions include:

Transactions between marketing permit holders. Article 5, section IV, provides that when a marketing permit holder provides services to another, it must substantiate the provision, management or procurement of transportation, storage or distribution services and, in addition, must hold at least one permit associated with those activities. Articles 35 and 36 also establish conditions applicable to certain purchases and sales between marketing permit holders, which may affect business models based on the intermediation and resale of products.

Purchases from distributors. Article 5, section III, expressly provides that marketing permit holders may not purchase natural gas, petroleum products or LPG from distribution permit holders, introducing a significant restriction for supply arrangements that currently contemplate these types of transactions. 

Supply capacity and substantiation of transactions. Marketing permit holders must demonstrate the availability and lawful origin of the products involved in their transactions, as well as their traceability, and must have the operational, technical, financial and legal capacity required to carry out their activities. 

Contractual, logistics and traceability requirements. The provisions introduce additional obligations relating to the formalization and registration of agreements, identification of transactions, documentation of purchase and sale transactions, identification of suppliers and customers, and evidence of the availability or procurement of the necessary logistics services. 

Substantiation of marketing activities. Permit holders must have sufficient elements to demonstrate that they are effectively carrying out marketing activities, including active marketing and contracting channels, defined commercial terms, resources allocated to the activity and supporting accounting, commercial and operational records. 

The provisions also establish a transitional regime applicable to existing marketing permits, which remain in force but are subject to the obligations applicable under the new regulatory framework. Existing permit holders will have 180 calendar days to demonstrate their capacity to import, produce, formulate or procure the products they market and, where applicable, the arrangements for transportation, storage or distribution required to carry out their activities. 

Against this background, holders of marketing permits should review their current product procurement and sales models, transactions with other marketing permit holders and distributors, logistics arrangements, agreements and traceability mechanisms in order to identify the potential implications of the new rules for their operations and, where appropriate, consider pursuing the legal remedies available to prevent or mitigate any adverse effects on their operations.

To access the complete resolution, please refer to the following link.