August 31, 2026
The National Energy Commission (Comisión Nacional de Energía, the “CNE”) has established a temporary and exceptional registration program for persons already carrying out self-consumption dispensing of petroleum products (the “SCD Program”) and announced a separate program for persons storing petroleum products exclusively for their own industrial, productive or transformation processes (the “Storage Program”), which remains pending publication. Both are transitional mechanisms intended to identify existing operations and facilitate their transition to the corresponding permitting regimes, while strengthening fuel traceability and regulatory oversight.
Below are the key points of the SCD Program and the Storage Program:
A. SCD Program.
I. Scope.
- The SCD Program became effective on August 12, 2026.
- Self-consumption dispensing of petroleum products (“SCD”) consists of receiving, storing and dispensing petroleum products exclusively to vehicles owned or possessed by the interested party and directly related to its economic activity or corporate purpose.
- SCD Program applies to persons that carried out SCD without the corresponding permit before August 12, 2026.
- SCD does not allow sale, transfer or supply of petroleum products to third parties or third-party vehicles.
- Distributors and marketers may only conduct commercial transactions with persons carrying out SCD that hold valid registration certificate or SCD Permit.
- Each facility where SCD is carried out must be registered separately.
II. Registration Process.
- Registration is filed through CNE portal using the interested party’s e.firma.
- Filing requires corporate, tax, technical and operational information.
- Required information includes facility, vehicle, fuel volume and supplier information.
- Certain information must be confirmed under oath, including its accuracy and lawful origin of petroleum products.
- Upon registration, the CNE issues a Registration Certificate (the “Certificate”) for registered person and specific facility.
- The Certificate is not a permit or authorization. It temporarily enables continued SCD activities while the applicable permit regulations are issued and corresponding permit is obtained.
III. Key Dates and Next Steps.
- Registration closes on December 31, 2026.
- After that date, only persons holding a Certificate may continue SCD under transitional regime.
- CNE has up to 12 calendar months after registration closes to issue regulations governing SCD Permits.
- Once such regulations are issued, registered persons must apply for and obtain the SCD Permit within applicable deadlines.
B. Storage Program.
I. Scope.
- Storage for own use consists of storing petroleum products exclusively for use in the interested party’s own industrial, productive or transformation processes (“Storage for Own-Use").
- Persons carrying out Storage for Own-Use will fall within scope of the Storage Program.
- The Storage Program will establish a temporary and exceptional registration mechanism pending issuance of regulations for the corresponding Storage for Own-Use permit (the “Storage Permit").
- The Storage Program will not authorize commercialization or supply of petroleum products to third parties.
- Storage for Own-Use does not include supply of petroleum products to vehicles.
II. Next Steps.
- Storage Program has not yet been published. Registration period, requirements and effects remain pending.
- Companies should identify relevant facilities and confirm how the stored petroleum products are used.
- Persons carrying out both activities must obtain both registrations.
- Companies may begin compiling available corporate, technical and operational information.
- Publication of the Storage Program should be closely monitored, as it will define registration period, applicable requirements and conditions for transition to corresponding permit regime.
Our Energy and Infrastructure practice lawyers are at your disposal for any questions or comments regarding this matter.
Juan Carlos Serra
Pamela Salas García
Iván Sánchez López
Paola Arcos Seoane