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OECD - Regulatory Governance of the Rail Sector in Mexico

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OECD Regulatory Governance of the Rail Sector in Mexico
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Regulatory Governance of the Rail Sector in Mexico Please cite this - photo 1
Regulatory Governance of the Rail Sector in Mexico
Please cite this publication as:
OECD (2020), Regulatory Governance of the Rail Sector in Mexico , OECD Publishing, Paris, https://doi.org/10.1787/c21203ee-en .
Metadata Legal and Rights ISBN 978-92-82-11674-6 print - - photo 2
Metadata, Legal and Rights
ISBN: 978-92-82-11674-6 (print) - 978-92-82-18992-4 (pdf) - 978-92-64-57385-7 (HTML) - 978-92-64-64597-4 (epub)
DOI: https://doi.org/10.1787/c21203ee-en
This work is published under the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of OECD member countries.
This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.
The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law.
Photo credits: Cover ayax/Shutterstock.com.
Corrigenda to publications may be found on line at: www.oecd.org/about/publishing/corrigenda.htm .
OECD 2020
The use of this work, whether digital or print, is governed by the Terms and Conditions to be found at http://www.oecd.org/termsandconditions .
Foreword

Regulations play a fundamental role in the performance of an industry. They can facilitate or restrict the entry of new companies to a given market, and they can either stifle or promote innovation. While regulations are supposed to pursue a legitimate interest such as protecting consumers, workers and the environment, they may fail to achieve these objectives, and instead create unnecessary burdens on businesses and citizens. Therefore, regulations need to be reviewed and revised continually in order to ensure that they are fit-for-purpose.

In Mexico, as in any country, the rail system can be a catalyst of economic activity by transporting inputs for production, distributing intermediate and consumer goods, and allowing people to travel to their workplace or leisure activities. To ensure the system can fulfil this potential, the Mexican government asked OECD to review the elements that define the regulatory governance of its rail sector, including the regulatory framework, the design and attributions of the regulatory oversight agency, and the way stakeholders of the rail system interact.

This report describes the series of structural reforms that the Mexican rail sector has undergone in the past 25 years. A major change was the shift from a publicly run rail service to a rail system under private concessions. More recently, the Regulatory Agency of Rail Transport was established as the sectors oversight body. These reforms were accompanied by an aggregated growth of 141% in the amount of cargo transported by the Mexican rail system: from 1995 to 2017, it increased from 52 million to 127 million tonnes.

Drawing on the OECD Recommendation on Regulatory Policy and Governance, the report also provides an assessment of the regulatory governance of the rail sector in Mexico, and offers recommendations to continue the reform efforts. It suggests ways to strengthen the capacities of the Regulatory Agency of Rail Transport to issue cost-effective regulations, and more effectively enforce existing rules. It also identifies gaps in the implementation and coverage of the current regulatory framework, such as in the framework related to trackage rights the ability to use other companies rail network and methodologies to define fares.

The report also recommends that the Mexican government starts working on its medium-term vision of the rail system, considering that the exclusivity rights of most of the current concessions will expire in the next five to seven years. This report provides guidance on elements to consider when defining this new vision.

Acknowledgements

The current report was led by Manuel Flores Romero, Co-ordinator of the OECD programme on regulatory policy in Latin America of the OECD Regulatory Policy Division; and by Stephen Perkins, Head of Research and Policy of the International Transport Forum (ITF). The report was co-ordinated under the leadership of Nick Malyshev, Head of the Regulatory Policy Division and Marcos Bonturi, Director of Public Governance. The team received invaluable comments by the peer reviewer , Mr. Russell Pittman from the Department of Justice of the United States. The main authors are Stephen Perkins from the ITF, Andres Blancas, Gloriana Madrigal, Erik Perez and Manuel Flores Romero from the OECD Regulatory Policy Division. Significant contributions were received from Andrea Uhrhammer, Klas Klaas, and Marcos Bonturi. Claudia Paupe and Anna Kanjovski lent administrative and organisation support. Jennifer Stein co-ordinated the editorial process.

The review is based on information collected through a questionnaire in June 2018. The review team also held meetings in Mexico City in July and October 2018, with a wide range of stakeholders, including government officials from several ministries and government agencies, representatives from the academia and business community, and experts in regulatory and rail topics.

A draft of the key findings of the review was discussed in a lunchtime session with transport regulators at the OECD Network of Economic Regulators in April 2019. Thanks are extended to all members for their input and comments.

The OECD thanks the Ministry of Communications and Transport and the Regulatory Agency of Rail Transport (ARTF), in particular Mr. Alejandro Alvarez, Head of the ARFT and Gabriela Ignacio, Director of Internal Projects.

The OECD also thanks Mr. Benjamn Aleman, former Head of the ARTF and his team: Francisco Vargas, Oscar Cortes, and Estanislao Sandoval. Special thanks to Yuriria Mascott, former Deputy Minister of Transport.

Valuable information was provided by the teams of Regulated Markets, the Investigative Authority and the Legal Affairs Unit of the Federal Commission of Economic Competition (COFECE). The OECD thanks specially Octavio Gutierrez, Andrea Gamboa, Andrea Latapie and Myrna Mustieles for their comments and useful insights.

The comments and experience from stakeholders of the private sector represented a useful input for this review. The OECD appreciates the participation of Francisco Fabila and Edgar Aguileta from Kansas City Southern Mexico; Carlos Median and Jose Luis Perez form the Isthmus of Tehuantepec Rail; Francisco Jurado and Lourdes Aranda from Ferromex; Erich Wetzel from FERROVALLE and Carlos Anaya form the Sub-urban Rail.

The OECD recognises the insights offered by Mr. Carlos Mier y Tern and Roberto Vargas Molina from Mexicos National Bank for Public Services and Construction (Banobras). In addition, the OECD thanks Mr. Guillermo Lecona from the Ministry of Finance (SHCP) for his useful comments.

The OECD also thanks Francisco Kim and Leonardo Gomez from Mexicos National Association of Private Transportation (ANTP); Iker Casillas from the Mexican Rail Association (AMF); Roberto Aguerrebere and Carmen Martinez from then Mexican Institute of Transport (IMT).

Finally, the OECD thanks Fernando Bueno, Jose Valente, Fatima Guzman, Eduardo Bravo and Jessica Chaparro from the Ministry of Transport and Communications. Also, comments were received from Victor Silva, Sandra Hernndez and Jorge Hernndez from the General Direction of Rail and Multimodal Rail Transport.

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