Energy launches guidelines for hydrocarbon laboratories and agencies

The Ministry of Energy issued the Guidelines for the approval, updating, and oversight of Conformity Assessment Bodies (CABs) that evaluate Mexican official standards for quality specifications of hydrocarbons, petroleum products, and petrochemicals, as well as for the registration of foreign laboratories that issue equivalent documents. The agreement, signed by Secretary Luz Elena González Escobar on October 20, 2026, was published in the Official Gazette of the Federation on Wednesday, October 28, 2026 (First Section, p. 19) and enters into force on the business day following its publication.

The new framework repeals Agreement A/60/2024, through which the defunct Energy Regulatory Commission approved the process for testing laboratories located abroad to obtain their registration regarding NOM-016-CRE-2016, published in the Official Gazette of the Federation on August 16, 2024. Jurisdiction is now relocated to the Ministry of Energy as the Standardizing Authority, while the National Energy Commission, a decentralized administrative body of the agency, retains the tasks of verification and technical oversight.

The agreement is based on the Quality Infrastructure Law (articles 139, 142, and 154 to 161) and article 112 of the Hydrocarbons Sector Law, in addition to articles 11.1, 11.6, and 11.9 of the USMCA regarding the mutual recognition of conformity assessment results. It also incorporates criteria from the National Law to Eliminate Bureaucratic Procedures and requires conflict-of-interest mechanisms aligned with the ISO 37009:2025 standard.

Approval: 60 business days, 80 points, and up to four years

The deadlines and thresholds of the procedure are explicitly defined:

• The Ministry of Energy must resolve the approval request within a maximum of 60 business days, with documentary review in the first 15.
• The request for correction is formulated only once, with 10 business days to remedy and the possibility of an extension.
• The Satisfactory Rating is set at a minimum of 80 points out of 100 in the written technical evaluation.
• The approval will be valid for up to four years, determined by technical and operational capacity and compliance history.
• Minimum personnel: one technical manager and one inspector in Inspection Units; one signatory in mobile laboratories and three in fixed laboratories.
• The updating of the approval is resolved within 30 business days and does not alter the original validity.

Foreign laboratories: registration for up to four years

To issue certificates of origin quality or result reports for import activities, testing and trial laboratories located outside the country must obtain registration with the Secretaría de Energía (Ministry of Energy). Equivalent accreditation according to the ISO/IEC 17025:2017 standard is required, consistent with NMX-EC-17025-IMNC-2018, documentation in the original language with a Spanish translation, and technical scope regarding the testing methods for each hydrocarbon, petroleum product, or petrochemical.

The resolution must be issued within 30 business days, and the registration may be granted for up to four years. The laboratory must maintain its accreditation in the country of origin; otherwise, the Ministry may nullify the registration following a right to a hearing. Renewal must be requested at least 60 business days before the expiration date, the same rule applicable to OECs (Conformity Assessment Bodies).

Shared Oversight and Sanctions

Oversight is divided between two authorities. The Secretaría de Energía may conduct visits, requests, documentary reviews, interviews, and hearings, with response deadlines between five and 15 business days and a resolution within a maximum of 40 business days. The Comisión Nacional de Energía (National Energy Commission) monitors conformity assessment activities and has 60 business days to compile its file and submit it to the Ministry.

If scenarios under articles 155, 160, and 161 of the Ley de Infraestructura de la Calidad (Quality Infrastructure Law) are identified, the Ministry will initiate the sanctioning procedure with the penalties set forth in article 154 and deadlines of 40 or 70 business days depending on the origin of the oversight. OECs must cover the fees for annual oversight and provide proof of payment to the agency.

Transitory Provisions: What happens to existing approvals

• OECs with current approval from the defunct Comisión Reguladora de Energía or the Comisión Nacional de Energía may continue operating during the granted term; upon conclusion, they must apply for new approval.
• The Comisión Nacional de Energía must transfer the files and pending applications to the Secretaría de Energía, which will be resolved according to the regulation in force at the time of their submission.
• While the digital platform is being enabled, applications shall be submitted to the Ministry’s official records office (oficialía de partes).
• Fee payments already made are understood to be in favor of the Secretaría de Energía.

The impact falls on importers, laboratories, and inspection units that certify the quality of gasoline, diesel, fuel oil, and petrochemicals at borders and terminals: without current approval or registration with the Ministry, certificates of origin quality cease to be enforceable, and the digital single window is not yet operational.

Source: Official Gazette of the Federation, October 28, 2026, First Section, page 19 (official reference: Agreement of the Ministry of Energy issuing the Guidelines for the approval, updating, and monitoring of OECs and the registration of foreign laboratories).