Suspensions announced by the CNH and the CRE in connection with the constitutional reform on energy matters

Greenberg Traurig - On February 11, 2025, the National Hydrocarbons Commission ("CNH") published in the Official Gazette of the Federation (the "DOF"), the General Agreement CNH.E.08.01.25, by which such authority declares the suspension of the periods and terms for the reception, substantiation and resolution of the acts, proceedings and procedures substantiated in the CNH, as well as the suspension of the periods of exploration, evaluation of the hydrocarbons exploration and extraction contracts and the transition programs (the "CNH Agreement").

In terms of the CNH Agreement, the suspension is declared for: (i) the receipt of all new procedures under the jurisdiction of the CNH; (ii) the periods and terms for the processing, substantiation and resolution of any procedure carried out in the CNH; and (iii) the periods of exploration, evaluation and transition programs.

The suspension will be in effect during the period between the entry into force of the CNH Agreement and the entry into force of the secondary legislation set forth in the Decree that amends, adds and repeals several provisions of the Political Constitution of the United Mexican States, regarding organic simplification (the "Decree").
 
In terms of the CNH Agreement, notwithstanding the suspension of the referred periods and programs, the contractors must continue performing the oil activities during the suspension period, in terms of the plans or programs approved by the CNH. On the other hand, the contractors must comply with the other obligations under the exploration and extraction contracts and other applicable regulations.

The CNH Agreement became effective the day after its publication in the DOF.

Agreement published by the CRE

On February 28, 2025, the Energy Regulatory Commission ("CRE") published in the DOF Agreement No. A/023/2025, which establishes the suspension of the receipt of proceedings, promotions or writs under the jurisdiction of the CRE (the "CRE Agreement").

During the period between the date of publication of the CRE Agreement and the entry into force of the Decree, the receipt of proceedings, promotions, or writs under the jurisdiction of the CRE is suspended, with the exception of the following:
 
(1) Attention to preventions made by the CRE’s Administrative Units;
 
(2) Presentation of evidence and pleadings within the sanctioning procedures processed by the CRE;

(3) The presentation of electricity generation projects to guarantee the electricity supply in deficit regions, as well as those of the hydrocarbons sector considered a priority by the Ministry of Energy, for the supply of fuels in the national territory;
 
(4) Receipt of information from the Inspection and Verification Units of the regulated activities; and
 
(5) Compliance with the obligations of regulated entities under the Hydrocarbons Law, the Electricity Industry Law and its Regulations, General Administrative Provisions and other applicable rules.

 The CRE Agreement became effective the day after its publication in the DOF.

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