Mexico Publishes Regulations of the Biofuels Law
Mexico's executive branch, through the Ministry of Energy (Secretaría de Energía or SENER), on Oct. 3, 2025, published in the Federal Register (Diario Oficial de la Federación or DOF) the Regulations of the Biofuels Law, aimed at establishing the guidelines for production, storage, transportation, import, export, marketing, distribution and sale to the public of biofuels, under principles of governing strategic areas and strategic enterprises and organic simplification, following the order published in the DOF on Oct. 31, 2024.
Background
This new legal framework reverts to the 2009 regulations, updating the legal regime applicable to the production, transportation and commercialization of biofuels. Accordingly, the regulations expand the scope of the corresponding provisions to include new categories such as biogas, biomethane and biojet fuel (bioturbosina), as well as introduce provisions on quality, tracking and binding energy planning.
Key Considerations
Scope of Application and Definition
The regulations govern all activities related to the production, storage, transportation, import, export, distribution, commercialization and retail sale of biofuels, as well as introduce new definitions such as "vary" and "adulterate" biofuels, in order to typify sanctionable conduct related to product quality.
Permitting and Authorization Regime
The regulations distinguish between two regulatory mechanisms: 1) permits issued by SENER for large-scale activities such as production, import, export, storage, transportation, commercialization, distribution and retail sale, and 2) authorizations for scientific and technological research, as well as for the direct use of biomass (e.g., wood chips, briquettes, charcoal, firewood or pellets) for green heat generation. These authorizations also apply to small-scale energy recovery projects developed by rural, indigenous or Afro-Mexican communities, which may be formalized through Mexican Official Standards (Normas Oficiales Mexicanas or NOMs), guidelines or specific provisions issued by SENER.
Holders of existing permits or exemptions before the regulations enter into force should apply for the corresponding permit or authorization within 365 business days of its effective date.
Authorizations may be revoked for non-compliance with quality standards, adulteration or environmental risk.
Product Quality, Tracking and Control
Until new NOMs on gaseous biofuels are issued, SENER may temporarily authorize the injection of biomethane into natural gas pipelines, provided it meets the specifications of NOM-001-SECRE-2010.
The quality guidelines and specifications for bioethanol, biodiesel and biojet fuel published in the DOF on Oct. 24, 2018, will remain in effect until new standards are issued.
Binding Planning and Sector Development
Within 60 business days of the regulations entry into force, SENER should issue the relevant general administrative provisions on Binding Planning for the Biofuels Sector.
Biofuel production projects should be incorporated into the Plan for Energy Transition and Sustainable Energy Use, considering emission reduction targets and sustainable development objectives.
Final Comments
The regulations represent a structural update of Mexico's legal framework for the biofuels sector, incorporating the principles of sustainability, energy sovereignty and energy justice. Through this new framework, Mexico updates its regulatory approach to biofuels and enables mechanisms that promote the participation of local communities and advancement of innovative energy projects.
A noteworthy transitory provision allows, on a conditional basis, the injection of biomethane into the national natural gas network, subject to prior notification and authorization by SENER, and strict compliance with NOM-001-SECRE-2010 and applicable quality control procedures at the injection point. This mechanism constitutes a significant regulatory precedent toward the gradual integration of gaseous biofuels into Mexico's national energy infrastructure, pending the issuance of the definitive regulatory framework.
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