The Agency for Environmental Assessment and Enforcement (OEFA) stated in a statement that the S/ 5 million fine imposed on Repsol’s La Pampilla SAA Refinery —after the oil spill in Ventanilla— it will not be cancelled, but will be “recalculated”. It should be noted that this medium revealed that the Environmental Audit Tribunal (TFA) declared the nullity of Directorial Resolution No. 1017-2022-OEFA/DFAI in favor of Repsol, “since the principle of due process and the duty to state reasons had been violated.” .
Following the environmental disaster that occurred on January 15, 2022, the OEFA ordered Repsol execute the preventive measure that sought to determine the areas affected by the oil spill. Due to the non-compliance with the provisions, an administrative sanction procedure was initiated, which determined the imposition of a fine of approximately S/ 5 million against this company, a decision was appealed by Repsol.
“The decision of the TAF (Resolution No. 003-2023-OEFA/TFA-SE), after reviewing this requirement, confirmed Repsol’s responsibility for failing to comply the aforementioned preventive measure and requested OEFA to recalculate the aforementioned fine, which does not imply nullity or release the aforementioned company from liability,” noted the entity.
In addition, the OEFA has specified that the calculation of the value of the fine is made considering the technical evidence and findings that motivated the sanction; this within the process in the administrative instance, in which the TAF decides with autonomy and in the last instance the appeals filed by the companies.
To date, there are 7 disciplinary administrative processes against Repsol, of which 1 is in the process of processing and 6 add up to a total fine of more than S/ 70 million. Of these 4, they have already been challenged by the company and another two are within the deadline to be challenged, which expires on January 31.
“We are aware of the magnitude of the aforementioned environmental disaster, which is why we reaffirm our commitment to the environment and ensure that the sanctions applied are duly supported based on rigorous technical criteria and within current regulations,” concluded the OEFA.
Source: Larepublica
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