On October 3, 2025, the new regulations governing Mexico’s energy sector, covering hydrocarbons, electricity, biofuels and energy transition matters were published in the Diario Oficial de la Federación (Official Gazette of the Federation, “DOF”), among them, the new Reglamento de la Ley de Biocombustibles (Regulations to the Biofuels Law; “Regulations”).

The publication is available here: Regulations to the Biofuels Law.

• Under the new Regulations, all current permit holders will have until October 6, 2026 to file a notice of commencement of operations based on the activities covered by the Ley de Biocombustibles (Biofuels Law), if they have not already done so.

• Likewise, persons holding permits that previously obtained an exemption for the production of bioenergetics will have until October 6, 2026 to apply for an authorization for the production or utilization of biofuels.

• The Regulations provide that the Secretaría de Energía (Ministry of Energy; “SENER”) must issue general administrative provisions on binding energy planning no later than December 30, 2025. Binding planning for the energy sector is aimed at developing strategic areas and projects that ensure, among other objectives, Energy Justice , as well as the regulation of energy-transition obligations, and must be taken into account by SENER when granting permits and concessions.

• The following regulations are repealed:

Repealed	Substitutes
Reglamento de la Ley de Promoción y Desarrollo de los Bioenergéticos. (Regulations of the Law for the Promotion and Development of Bioenergetics) (DOF 18/06/2009)	Regulations to the Biofuels Law. (Regulations of the Biofuels Law)

I. Content of the Regulations

I.1. General Matters.

• The Regulations aim to establish the provisions governing the Biofuels Law and the activities of production, storage, transportation, import, export, commercialization, distribution, and retail sale of biofuels.

• The Regulations classifies biofuels according to their physical form (solid, liquid, and gaseous). It is important to note that, under the Biofuels Law, blends of biofuels with petroleum products are not considered biofuels.

• The Regulations sets out the general procedures and requirements for processing permits by activity, as well as for modifications, extensions, suspensions, and assignments, and establishes coordination mechanisms between SENER and the Secretaría de Agricultura y Desarrollo Rural (Ministry of Agriculture and Rural Development; “SADER”).

1.2. Processing of Authorizations and Permits

• The Regulations expressly establishes general requirements applicable to all permit applications for regulated activities, which now include not appearing on the taxpayer list referenced in Article 69-B of the Código Fiscal de la Federación (Federal Tax Code).

• It also provides explicit grounds for denying the granting, modification, or assignment of permits, including, among others:
  • Being listed under Article 69-B of the Federal Tax Code,
  • Having outstanding non-compliance issues related to other permits or authorizations, and
  • Holding a public or private position that gives rise to a potential conflict of interest.

• The following activities will require an authorization: (i) production and storage of biofuels for scientific and technological research, (ii) use of biomass to generate Green Heat, and (iii) energy valorization of organic waste by rural and Indigenous communities.

• For activities (i) and (ii), the energy produced may only be used for self-consumption; however, activity (iii) may be used for commercialization, provided that compliance with applicable governance frameworks is demonstrated.

• In accordance with the allocation of responsibilities between SENER and SADER, each authority is responsible for:

I.3. Binding Planning and Social Considerations.

• The Regulations incorporates the concept of binding planning for the energy sector, which will be issued by SENER through general administrative provisions. This planning is aimed at developing strategic areas and projects that ensure, among other priorities: (i) the predominance of the Comisión Federal de Electricidad (Federal Electricity Commission; “CFE”), (ii) the promotion of decarbonization, and (iii) adherence to the principle of Energy Justice.

• Binding planning must be taken into consideration by SENER when granting permits and authorizations.

I.4. Transitory Provisions.

• All regulatory provisions issued prior to the entry into force of the Regulations will remain in effect until replaced by new provisions, including, specifically, the agreements and resolutions issued by SENER.

• Individuals holding permits that were granted an exemption for the production of bioenergetics will have until October 6, 2026 to request the corresponding authorization for the production or use of biofuels.

If you have any questions regarding the scope or implementation of this note, please contact us.

Bernardo Mendoza
Partner
bmendoza@k-g.com

Dorothy Lerch
Counselor
dlerch@k-g.com.mx

Gerardo H. Estrada
Attorney
gestrada@k-g.com.mx