Repsol wins appeal against OEFA and is released from a million-dollar fine

This Sunday, January 15, marks one year of the largest ecological disaster that has affected the Peruvian sea, due to the spill of more than 11,000 barrels of oil. However, far from enforcing the sanctions against the person responsible, Repsol’s La Pampilla SAA Refinery has been released from a million-dollar fine, according to a document to which this newspaper had access.

In July 2022, the Environmental Evaluation and Control Agency (OEFA) imposed the first fine on Repsol for 1,087 UIT, which is equivalent to S/5 million 004,491, since it found administrative responsibility on its part for not identifying the areas affected by the oil spill in the Ventanilla Sea.

In response, the company appealed the sanction, a matter that was left to the Environmental Control Tribunal, also OEFA. Pursuant to Resolution No. 003-2023-OEFA/TFA-SE, the entity declared Directorial Resolution No. 1017-2022-OEFA/DFAI null and void, through which the firm was penalized for having “violated the principle of due process and the duty to state reasons”. In addition, it was indicated that it is appropriate to roll back the sanctioning administrative procedure “until the moment in which the defect occurred.”

Regarding the violation of the principle of due process, the company maintained that OEFA failed to submit two supervision reports.

In this way, those affected, including thousands of families, hundreds of animals, 2 protected natural areas and more than 20 beaches, lost their first battle.

Obvious conflict of interest

How has the company that has caused the most damage to the Peruvian sea released a million-dollar fine? This is a valid question, since it must be remembered that the company now has 5 economic sanctions within the framework of the 7 administrative sanctioning procedures initiated by OEFA. Of those mentioned, 2 are challenged before the Environmental Control Court and the other 3 are within the legal term to file a challenge, which expire this month.

For this reason, it is striking that the technical secretary of the Environmental Control Court, Angélica María García Gilio, is the wife of Adolfo Eugenio Huapaya Venegas, Industrial Hygiene and Safety engineer at the La Pampilla Refinery, according to the affidavit presented by García in April 2021, when he assumes this position.

Said entity fulfills a fundamental role, since among its functions is that of providing the members —who admit or reject the appeals of the Environmental Control Tribunal— specialized technical advice through a team of multidisciplinary professionals, according to the Internal Regulations of this court.

“The technical secretary is the one who plans the sanction resolutions, is the legal adviser, prepares the resolutions and presents them to the court for approval or eventual observation,” specialized sources specify. Therefore, García —having a personal relationship with a Repsol company worker— had to abstain, a fact that did not occur in the entire process of the first appeal resolution that has been favorable to the company.