Did Repsol clean up the mess?

Three years after the Repsol spill, 60% of the oil has not yet been recovered and the company has still not assumed its responsibilites

• A report by Fair Finance Peru member CooperAcción stresses that the lack of an effective response by Repsol, without adequate rehabilitation plans, has exacerbated the consequences of the disaster.
• The spill has not only affected marine biodiversity but has also had a significant impact on coastal communities that depend on the sea for their livelihoods.

The environmental disaster that occurred on January 15, 2022, off the Peruvian coast, when 12,000 barrels of oil were spilled into the sea, continues to leave devastating consequences. According to a report by CooperAcción, carried out with the support of Oxfam, 60% of the crude oil was not recovered and still remains in the ecosystem, becoming a source of persistent pollution. This data, based on Repsol's own rehabilitation reports, reveals that only 40% has been recovered, while the rest are in areas classified by the company as "inaccessible" or dissolved and dispersed in the water and on the seabed.

According to the report "Did Repsol clean up the mess? Current situation and pending challenges for the recovery of marine life three years after the oil spill", the rehabilitation plans presented by the company have been rejected in their entirety by the Ministry of Energy and Mines (Minem). In total, 18 proposals have been rejected because they contain incomplete, insufficient and, in some cases, erroneous information. In addition, the report, presented at a press conference on 14th January, points out that the plans lack adequate characterization, present serious flaws in intervention strategies and omit significant risks to both human health and marine ecosystems.

Repsol's plan is to do nothing

The spill, considered the first in the world with Buzios-type crude oil, known for its high toxicity due to the presence of heavy metals such as cadmium and lead, has generated an unprecedented environmental crisis in the country. According to CooperAcción, Repsol's strategy to address the disaster is based on waiting for the remaining oil to be purified naturally, without providing technical evidence to support this estimate. In contrast, organizations such as Serfor (the National Forest and Wildlife Service) and Sernanp (the National Service of Natural Areas Protected by the State) estimate that it could take between 5 and 23 years, or even longer for certain species to recover.

The report also details that the company's plans include only four monitoring operations in two years, without contemplating direct actions to restore ecosystems or repopulate species. This lack of measures does not comply with orders issued by Sernanp for the impacted protected areas. Ana Leyva, a lawyer with CooperAcción and one of the authors of the report, emphasized the need to complete the cleanup to prevent oil from continuing to affect the environment. "Marine life has been hit hard and will have a slow recovery process if there is no human action. There are many ways to help the sea recover, Repsol knows this and should use them,".

In the same vein, Diana Papoulias, an international specialist, marine biologist and toxicologist who has carried out a study on the weaknesses of the remediation plans presented by Repsol, explained that after three years there is a "reduction in the abundance and diversity of several species in the impacted sites." Likewise, she proposed that the company should move towards a "compensatory restoration, whose objective is to compensate for the temporary loss of damaged resources through restoration activities related to reducing additional environmental stressors that can impede the recovery of the ecosystem."

Technical deficiencies and rejection of plans

The Ministry of Energy and Mines has pointed out multiple deficiencies in the rehabilitation plans, such as biotic and abiotic sampling in a single season, when regulations require at least two. In addition, areas were excluded on the grounds that they were inaccessible, a claim refuted by the OEFA, which managed to carry out samplings in those same areas. The failures have been corroborated by entities such as Fondepes, the National Water Authority (ANA) and Sanipes, the National Authority for Health and Safety in Fisheries and Aquaculture.

In addition, Repsol has accumulated 22 administrative proceedings for the spill and has been fined more than 72 million dollars for actions such as concealing information, acting negligently in the containment and cleanup of the spill, and providing false data. In the days after the disaster, the company initially claimed that only 0.16 barrels of crude oil had been spilled, affecting an area of 2.5 square meters, a claim that was later denied.

"Three years after one of the biggest environmental disasters in Peru, Repsol has shown itself to be far from the international standards on business and human rights, of which it considers itself a benchmark. The lack of real commitment to the affected communities and the absence of a comprehensive reparation approach to the damage are alarming," said Miguel Lévano, Oxfam's Coordinator of Programmes and Partnerships in Peru. "This not only perpetuates the impact of the spill but also undermines confidence in the company's ability to act responsibly in the country."

Impact on fishing communities

The spill has not only affected the environment but has also had a devastating impact on fishing communities in the region. According to the study "Revealing the damage: economic valuation for the loss of well-being of the fishing families affected by the Repsol oil spill on the coast of Lima", prepared by CooperAcción with the support of Oxfam, each fishing family has lost on average, 149,714 soles per year (approximately 40,000 dollars). Thousands of fishermen are still unable to resume their activities without putting their health at risk due to persistent pollution.

Although Repsol claims to have compensated 98% of the people affected, the Ombudsman's Office has pointed out that many of these negotiations were carried out behind closed doors and under conditions imposed by the company, without guaranteeing fair treatment. Mercedes Yovera, vice president of the Federation of Ancestral and Traditional Artisanal Fishermen, demanded that the company not only remedy the environmental damage, but also complete the compensation to the affected families. In 2023, 19 fishermen's organizations managed to start a negotiation process with advisers and observers, while in 2024 more than 34,000 people filed a claim for compensation in court in the Netherlands.

Download the report "Did Repsol clean up the mess? Current situation and pending challenges for the recovery of marine life three years after the oil spill" here.