Annex A. The process for developing NOMs in Mexico

The first step for a standard proposal is to be included in the National Standardisation Program (PNN). The PNN is composed by proposals of standards, and is integrated and enforced by the Ministry of Economy. The PNN, together with the “Suplemento Nacional de Normalización” is then approved by the National Standardisation Commission (CNN).

Once the PNN is approved, the public sector or the National Standardisation Bodies (ONN) that want to issue a standard are required to obtain the approval from the relevant Committee; the National Advisory Standardisation Committees (CCNNs).

Stage 1 – Drafting of the proposed standard: Once included in the PNN approved by the CNN and published in the Federal Official Gazzette (Diario Oficial de la Federación or DOF), the public body may draft the proposed standard which shall be sent to the reference Ministry’s CCNN. When elaborating the proposal, public bodies may require producers, importers, service providers, consumer or research centres, to provide any data or information (or even samples) needed to elaborate the standard

Stage 2 – Regulatory Impact Assessment: A proposed standard and its corresponding Regulatory Impact Assessment (RIA) shall be sent to the CCNN responsible of developing the NOM. CONAMER will comment on the RIA, without approving it or not, but releasing an opinion which could take three different forms: No observations or recommendations, minor comments, or not satisfactory.

A technical feasibility analysis of the standard’s compliance, with an explanation of the verification mechanisms is also required. The RIA shall additionally include the monetary aspects of its potential costs and benefits, when large impacts are expected. The Ministry of Economy has the power to request these additional aspects if it is deemed appropriate.

Stage 3 – Consultation process: Draft NOMs shall be published in the DOF and interested parties will have 60 natural days to send comments to the corresponding CCNN. Depending on the comments, the draft is updated; responses given by the CCNN to the comments have to be published also in the DOF 15 days before the publication of the final version.

Stage 4 – Decision and publication: Once a NOM is approved by a CCNN, its final version shall be published by the corresponding public body in the DOF.

Stage 5 – Review: NOMs shall be reviewed every five years after its entry into force.

Stage 6 – Expiration and cancellation: The Technical Secretariat shall be notified about the results of the review 60 natural days before this term expires. If this notification is not made, the standard will expire and its cancelation will be published in the DOF. In addition, the Ministry of Economy has the power to request an ex post assessment of the standard after one year of its entry into force.

The development process for NMX is very similar. However, there are three key differences between the development of an NOM and an NMX.

• There is no Regulatory Impact Assessment for an NMX;

• Answer to comments to the first draft are not published in the DOF for an NMX;

• DGN has an expanded role in the development of NOMs. It is part of working groups, meetings with stakeholders and is in general for involved with the CCTN.

Source: Abridged from OECD (2018), Standard-setting and competition in Mexico: A secretariat report, Paris.