Another controversial reform of AMLO: with the law on hydrocarbons, it seeks to suspend intellectual property permits



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President López Obrador sent a draft decree to reform the hydrocarbons law (Photo: Reuters / Henry Romero)
President López Obrador sent a draft decree to reform the hydrocarbons law (Photo: Reuters / Henry Romero)

Andrés Manuel López Obrador, President of Mexico, on Friday sent Congress a Initiative with draft decree whereby various provisions of the Hydrocarbons Law.

Using the country’s low energy efficiency, the abandonment of refineries and public and private corruption during the neoliberal period as arguments, the Mexican president proposes that the Ministry of Energy (Sener) suspends permits granted mainly to individuals which participate in the chain of production, distribution, storage, marketing, sale to the public and export and import of hydrocarbons, petroleum products and petrochemicals.

In accordance with the provisions of the initiative, the head of the federal executive proposes that all permits granted by the Sener and the Energy Regulatory Commission be subject to suspension before a “imminent danger to national security, the energy security or for the national economy “.

“The Ministry of Energy and the Energy Regulatory Commission may, within the framework of their respective powers, suspend the permits issued under the conditions established in this law, when imminent danger to national security, the energy security or for the national economyThe document says.

It would be the power of the Ministry of Energy to suspend the permits that pose
It would be the power of the Ministry of Energy to suspend permits that present “an imminent danger to national security, energy security or the national economy” (Photo: EFE / José Méndez)

In support of the proposal, President López Obrador argued that access to energy is essential for the social and economic development of people and their communities. In this sense, he noted, there are no adequate mechanisms to guarantee access to energy.

In this context, the president explained the importance of productive state enterprises “play a more active role in oil processing and refining, the processing of natural gas and the export and import of petroleum hydrocarbons, as well as in the transport, storage, distribution, compression, liquefaction, decompression, regasification, marketing and sale of hydrocarbons, petroleum or petrochemical products, all subject to the authorizations granted by the Ministry of Energy and Energy Regulatory Commission, where appropriate, with regard to the law on hydrocarbons itself, whenever it is considered to leave the protection of these activities in the hands of the private sector in the face of imminent risks to national security, energy security or for the national economy, ”says the initiative.

It should be noted that the authority which issued the permits referred to in this law will be responsible for the administration and operation of the permit holder, for the continuity of the activities covered by the permit, in order to safeguard the interests of end users. and consumers.

To support the proposal, President López Obrador argued that access to energy is essential for the social and economic development of people and their communities (Photo: Reuters / Daniel Becerril)
To support the proposal, President López Obrador argued that access to energy is essential for the social and economic development of people and their communities (Photo: Reuters / Daniel Becerril)

Thus, the initiative sent by Andrés Manuel López Obrador aims to reform Articles 51; 53, second paragraph; 56 fraction XI and 57, and a fraction XII is added, changing the current fraction XII to fraction XIII, in item 56; Article 59 Bis and a second paragraph of section II of article 86 of the Law on Hydrocarbons.

In order for Petróleos Mexicanos and other productive enterprises of the State and individuals to receive a permit, they must demonstrate a design of the installations or equipment in accordance with applicable regulations and good practices, conditions to guarantee the adequate continuity of the activity in question and the storage capacity determined by the Sener.

On the other hand, the document indicates that the Secretary of Energy, the Energy Regulatory Commission, is responsible for resolving the transfer request within 90 calendar days, starting from the day following receipt of the request.

The President of the Chamber of Deputies, Dulce María Sauri, ordered to immediately upload said initiative in the Parliamentary Gazette, which will be processed after the Easter holidays.

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