Reform to hydrocarbons law is frozen

The reform to the hydrocarbons law was suspended indefinitely after two federal judges granted the first definitive suspensions with general effects against said legislation, which was published on May 4.

With the resolutions of the First and Second District Courts in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, by Rodrigo de la Peza and Juan Pablo Gómez Fierro, the effects of articles 51, 57 and 59 Bis will be stopped indefinitely.

It should be noted that Article 57 empowers the Government to carry out the tem
porary occupation, intervention or suspension of any permit granted under the Hydrocarbons Law in addition to contracting Pemex and allowing it to take control of the facilities.

While the transitory articles allow the authorities to revoke permits that as of May 5, did not meet the requirements requested by the Ministry of Energy (Sener) on the storage of hydrocarbons.

The same for the fourth and sixth transitory articles of the reform, which was promoted by the President of the Republic, Andrés Manuel López Obrador.

"There is the possibility that the complaining party will show that it is contrary to the Constitutional text, that Pemex recovers a position of preponderant agent in the sector, and is not just another participant in the market, to the detriment of the position that private companies have reached incipiently. , which diminishes the substantive reasons for the Constitutional reform ”, indicated Rodrigo de la Peza in his resolution.

For his part, Gómez Fierro indicated that with the reform, Petróleos Mexicanos (Pemex) could resume a monopoly role that it had until before the energy reform, which would imply a setback for the development of the entire sector.

However, the federal government may challenge the judges 'decisions, with which a collegiate court would take the case and be the one to decide whether to revoke or confirm the judges' sentences.

Said resolutions promoted as a result of the applications for protection from the companies Viga Express, Grupo Base Energéticos, Pharaoh International Products, Antluc, Distribuidora de Combustibles Mil and Dalia Pilar Lamarque Picos.