2001年-世界发展银行全球_Regulatory_Reform_in_Mexicos_Natural_Gas_Industry___Liberalization_in_the_Context_of_a_Dominant_Upstream_Incumbent_42页_2mb

Regulatory Reform in Mexico's Natural Gas Industry: Summary

Core Content

The natural gas industry in Mexico underwent significant regulatory reforms starting in the late 1990s, driven by the need to liberalize the market and attract private investment. The sector is characterized by a mix of natural monopoly activities (pipeline transport and distribution) and potentially competitive ones (production and marketing). The reforms aimed to address these complexities by introducing a new regulatory framework and institutional changes, while maintaining Pemex's monopoly in production.

Main Challenges and Context

• Sector Characteristics: The natural gas industry combines natural monopoly (transport and distribution) with contestable markets (production and marketing). Pemex, a state-owned enterprise, dominated the upstream segment, including production and transportation, while private entities were allowed to enter downstream activities.
• Demand Growth: Rapid demand growth (about 10% annually) was driven by economic development and environmental regulations, necessitating infrastructure expansion and market liberalization.
• Pemex's Dominance: Pemex's statutory monopoly in production and its control over transportation networks created significant barriers to entry for private firms in marketing and distribution. Its discretionary pricing and discounts further complicated market competition.
• Regulatory Complexity: The reform process faced challenges such as overlapping institutional roles, lack of transparency, and the need to balance infrastructure development with consumer protection and fiscal responsibility.

Key Reforms and Regulatory Instruments

• Regulatory Framework: The Natural Gas Regulations (Reglamento de Gas Natural) were introduced in 1995, establishing a legal basis for liberalization. The framework aimed to create a competitive environment while ensuring efficient infrastructure development.
• Permit Regime: Permits were introduced as a regulatory instrument to ensure technical and economic uniformity. They are issued for 30 years and are renewable. Permits are assigned based on technical soundness, and the market determines which projects are implemented.
• Vertical Integration: The policy prohibited vertical integration between transportation and distribution, restricting Pemex to transport and production. However, exceptions were made if a distribution project required a transportation permit or vice versa.
• Open Access: Open access to transportation and distribution networks was mandated to promote competition. Consumers could bypass local distributors and access gas fields or storage directly, provided they could access the infrastructure.
• Institutional Changes: The Energy Regulatory Commission (CRE) was established as an independent regulatory body with expanded authority. It was given financial and operational autonomy to ensure a stable and predictable regulatory environment for investors.

Market Architecture and Outcomes

• Market Structure: The Mexican natural gas market is a hybrid of vertical integration and competition. Pemex remains the sole producer, while private firms are allowed in transport, distribution, and marketing.
• Price Regulation: The firsthand-sale price of domestic gas was regulated to ensure fair competition and prevent Pemex from leveraging its monopoly to distort market prices.
• Investment and Competition: The reforms aimed to attract private investment in transport and distribution, with the first phase of investment mobilization and market competition concluding by 2000. However, challenges remain in enforcing regulations consistently and ensuring the expansion of transport and production services.
• Environmental Considerations: The introduction of stricter environmental standards is driving a shift from fuel oil to natural gas in industrial and electricity generation sectors, increasing demand for natural gas.

Future Challenges

• Consistent Regulation Enforcement: Ensuring transparent and consistent enforcement of regulations is critical for sustaining private investment and market efficiency.
• Coordination Among Agencies: Coordination between government agencies is necessary to avoid regulatory fragmentation and inefficiencies.
• Promoting Competition: Fostering competition in the market remains a key challenge, particularly in overcoming Pemex's market power and ensuring fair access to transport and distribution services.

Conclusion

The regulatory reforms in Mexico's natural gas industry represent a significant step toward liberalization, but they also highlight the complexities of managing a sector with mixed characteristics. The success of these reforms depends on effective regulation, institutional independence, and the ability to balance state control with private participation. The experience of Mexico provides valuable insights for other countries seeking to reform their natural gas sectors.