The procedures ASEA-00-026 (Semiannual reports of compliance with the Implementation Program of the Administration System) and ASEA-00-027 (Annual performance report), are mandatory procedures, for which the Agency reviews the compliance in due time and form by the Operator (Regulado). Since this is a Notice Procedure and based on the Federal Law of Administrative Process, the Agency is empowered to warn, only once, within 10 business days. The content of the semi-annual report must be attached to the progress in the implementation of its system through the compliance of the implementation program, as well as the information required through ANNEX IV section B, and the compliance of the annual performance report from the provisions of ANNEX V. Both established in the DACG of SASISOPA and its Modifying Agreement (Official Gazette of the Federation 04-05-20).

and under what law and/or legal precepts must the Operator (Regulado) submit the PRE for approval by the Agency?

In the management of SASISOPA one of the indispensable requirements to obtain the Authorization is indicated in section III of article 17 of the AGREEMENT by which several articles of the General Administrative Provisions that establish the guidelines for the conformation, implementation, and authorization of the Industrial Safety Management Systems are modified, added and repealed, Operational Safety and Environmental Protection Management Systems, applicable to the activities of the Hydrocarbons Sector, dated May 4, 2020 (Official Gazette of the Federation 04-05-20), so in terms of the regulation, a project could not obtain authorization to implement its Management System and therefore, should not start activities, if it does not have an Emergency Response Protocol (PRE).

The general Administrative Provisions that establish the Guidelines for the preparation of emergency response protocols in the activities of the Hydrocarbons Sector (DACG of PRE, Official Gazette of the Federation 22-03-19), establish the minimum requirements that the PRE document must contain; however, this provision does not contain procedures for its authorization; therefore, the regulatory instrument that is used for the evaluation and authorization of the PRE as part of the System Authorization are the DACG of SASISOPA and its Modifying Agreement (Official Gazette of the Federation 04-05-20).

The procedure ASEA-2020-005-003-A (Notice of Update or modification of identification data of the Operator (Regulado) established in Article 26 TER of the Modifying Agreement published in the Official Gazette of the Federation on May 4, 2020, defines that when the identification data of the Operator (Regulado) contained in the permit, the authorization, the Plan, the Contract or the Assignment title issued by the Ministry of Energy is modified or updated, the Energy Regulatory Commission or the National Hydrocarbons Commission, such as the name, denomination, corporate name and/or domicile of the Project facility, the Operators (Regulados) must inform the Agency by means of a free written notice, attaching the supporting documentation, within a maximum term of ten business days after the issuance of such modification or update.

In projects where Pemex Exploración y Producción (PEP) is an investor, (operator) 50%-50%.

The company that is declared as “The operator” is responsible for requesting the authorization for the implementation of its Management System, according to the nature of the enabling title granted by the Assignment, Contract or Permit, issued by the Ministry of Energy, the National Hydrocarbons Commission, or the Energy Regulatory Commission.

According to the Agency’s regulation, those obliged to request the registration of the conformation and the Authorization Request of its Administration System are the operators of the Assignment, Contract or Permit, which must have the enabling title issued according to the type of activity by the Ministry of Energy, the National Hydrocarbons Commission, or the Energy Regulatory Commission.

Because strictly speaking, if the implementation of SASISOPA as a management system allows the regulated entities to create guidelines for the risk management of the processes, consequently the protection of the environment and people would be privileged.

Will it be only through Performance Reports and Audit reports?

No, the Agency, through the Supervision, Inspection, and Surveillance unit, may, according to its attributions and competences established in the Agency’s Internal Regulations, carry out Administration Acts to verify in a factual manner the compliance with the provisions of the Guidelines for the Conformation, Implementation, and Authorization of the Industrial Safety, Operational Safety and Environmental Protection Management Systems (SASISOPA) in relation to these performance reports and audit reports.

or how are both systems managed and aligned with other standards?

They should not necessarily be aligned, if we consider that the quality systems as such, only define a Quality Management System, while SASISOPA as a Safety Management System, defines a system for the management of the risks of the operational processes. Although each system may have core elements that could be similar in scope or conceptualization, both can be, by themselves, complementary.