ARTICLE
10 September 2024

Mexico's Creation Of Electric Vehicle Standards Provides An Opportunity For Companies To Influence Final NOM Provisions

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Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Mexico is on the electric vehicles mandatory-technical-standard (NOM)-creation roll. ("NOM" is the acronym for Normas Oficiales Mexicanas.) Mid-July 2024, the Ministry of Economy published the list of NOMS...
Mexico Transport

Mexico is on the electric vehicles mandatory-technical-standard (NOM)-creation roll. ("NOM" is the acronym for Normas Oficiales Mexicanas.)

Mid-July 2024, the Ministry of Economy published the list of NOMS to be created during the August-December period of this year; beginning-date is closely observed but end-date ordinarily drags on depending on complexity of subject matter and number of interested parties.

Relevant NOMs are:

1. Automotive Vehicles – Energy Charging Connectors and Adapters for Electric Vehicles and Plug-in Hybrid Vehicles – Requirements and Specifications.

In order to create a standardized charging infrastructure in Mexico, this NOM will establish the physical, electrical, and operational requirements for connectors and adapters used in charging electric and plug-in hybrid vehicles.

2. Safety Specifications for Zero-Emission Vehicles with a Gross Vehicle Weight (GVW) Exceeding 3,857 kg (8,503 lb. passenger and cargo trucks).

Under a self-certifying format, this NOM will establish the minimum safety and operational specifications for zero emissions fully electric and battery-electric vehicles with a GVW exceeding 3,857 kg (8,503 lbs.)

3. Charging Infrastructure for Electric Vehicles and Plug-in Hybrid Electric Vehicles Connected to the National Electric System – Technical and Operational Specifications and Test Methods.

This NOM will establish the technical and operational requirements for charging infrastructure for electric and plug-in hybrid vehicles connected to the National Electric System. It will likely coexist with the Energy Regulatory Commission´s (CRE) General Administrative Provisions currently being considered on the same topic.

If you believe that your Company may have any skin on these NOMs, we suggest going down the following path to potentially influence their eventual mandatory provisions:

1. Diagnosis.

Relevant Mexican authorities have already prepared a working draft of relevant NOMs (available exclusively at the Technical Working Group level infra). Interested companies should analyze such draft, evaluate its consequences to their operations, map relevant actors, and benchmark against similar international regulations.

2. Technical Working Groups.

An in-person technical working group is created for every NOM. Individual company participation is possible with the goal of suggesting and defending desired outcome language. Authorities tend to go with the current state of the art but adapting it to Mexico´s particulars; real-life implementation experience is most useful and ordinarily appreciated.

3. Public Consultation.

Once the work of the technical working group is finished, draft-NOMs are published for public comments. This could be taken as a second bite of the apple, yet comments are addressed but substantial changes rarely occur.

4. Application of new NOMs.

All NOMs are applicable to domestic and imported products available in Mexico.

If you are interested in participating in this NOM formulation process, please contact your Foley relationship lead and we will plug you into the process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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