Therefore, regulated companies shall have insurance with adequate coverage for civil and environmental liability covering damages and actual and direct lost profits towards third parties or towards the environment for transloading activities. In connection with environmental protection, regulated companies carrying out activities in the hydrocarbons sector will have direct and strict liability and will be liable before ASEA for the necessary actions required to avoid, contain, evaluate, remediate and prevent environmental damages, based on ASEA's administrative jurisdiction.
Transloading facilities that are part of any storage, distribution, processing plant or compressed natural gas (CNG) charge and discharge modules as well as other transloading facilities already regulated by their specific Mexican technical standards, Mexican Emergency Standards or other General Administrative Guidelines are expressly excluded from the application of these Transloading Guidelines.ĪSEA has express authority to apply and interpret the Transloading Guidelines and its Exhibits for administrative purposes. Moving hydrocarbons or fuels between any of the following units is considered transloading: cargo tank motor vehicle, semi-trailer, truck tanker, oil tanker vessel, and barge. The Transloading Guidelines establish the technical elements and minimum requirements for industrial safety, operational safety and environmental protection for regulated parties carrying out transloading activities related to transportation and/or distribution by means other than pipelines including in storage facilities, distribution and processing plants where there is transloading between a Transportation or Distribution Unit to another Transportation or Distribution Unit.
On January 23, 2019, the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector (“ASEA”) published in the Federal Official Gazette ( Diario Oficial de la Federacion) the Administrative Guidelines for the Design, Operation, Maintenance and Abandonment of Transloading Facilities related to Transportation and/or Distribution of Hydrocarbons and Fuels by Means other than Pipelines (the “Transloading Guidelines’). Several new regulations and administrative guidelines affecting the hydrocarbons and power industries have been issued derived from the implementation of the Mexican Energy Reform.
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