On 26 July 2022, the Energy Regulatory Commission (CRE) submitted before the National Regulatory Improvement Commission (CONAMER) a preliminary document draft of the General Administrative Provisions1 that establishes (i) new obligations and compliance procedures for commercialization and distribution permit holders of oil-refined products or petrochemicals, as well as (ii) new requirements and procedures for applications to secure permits before CRE ("New DAGCs").
It is important to consider that the New DAGCs mainly results applicable for the following activities: (i) commercialization of oil-refined products or petrochemicals and (ii) distribution of oil-refined products through means other than pipelines, excepting LP gas.
Is the New Project in force now?
No, pursuant to the document draft of the New DAGCs there is no specific date for its publication and release, therefore such provisions are not in force yet.
However given its relevant impact, from a regulatory perspective, it is relevant to monitor the evolution on the New DAGCs. Our Firm will be reporting any progress and changes on the same.
The New Project mainly includes:
CRE is imposing new significant obligations that permit holders must comply to maintain their permits. For instance, permit holders will be obliged to submit two new reports in connection with their discounts and business revenue.
Additionally, there are new requirements in the procedures to secure new permits from a regulatory perspective.
CRE is including new revocation causes that may impact current commercialization and distribution permits.
Permit holders will have 90 days to comply with new obligations. After this period ends, CRE may sanction permit holders pursuant to the applicable regulatory framework.
It does not anticipate the publication date in the Federal Official Gazette yet, therefore, there is no certainty of when it will become effective.
Our Firm will be happy to further discuss with you how the New DAGCs may impact your operations, as well as to analyze tailor made legal strategies for your business to mitigate your risk.
1 General Administrative Provisions that establish the requirements for applications, modifications, updates and obligations for the commercialization of oil-refined products or petrochemical and distribution of by means other than pipelines, except for liquefied petroleum gas for both activities.