Questionnaire on the feasibility of creating a fund to cover
environmental liabilities (industry representative)
Positions of stakeholders towards the idea of the development of a fund or a risk-pooling
scheme to address liabilities resulting from major industrial operations and accidents
*Mandatory
Chapter 1: Introduction
This questionnaire has been prepared within the framework of a study carried out for the
European Commission (DG Environment) on the feasibility of establishing a fund or risk
pooling scheme to address liabilities for traditional damage (bodily injury and property
damage) and environmental damage (prevention and remediation of damage to natural
resources) resulting from major industrial accidents involving pollution. The feasibility of
establishing such a fund or scheme depends on the needs and demands of Member
States as well as operators that carry out activities in those States who face the risk of
liability for traditional (bodily injury and property damage) and environmental (prevention
and remediation of environmental damage) damages, and their positions concerning the
creation of such mechanisms. The aim of this questionnaire is to obtain information on
your position as to the idea and the optimal design elements of such a fund or risk pooling
scheme. Your answers should be limited to the potential for claims against your company
for traditional or environmental damage from an accident involving pollution.
Chapter 2: Awareness to risk
1. What is the nature of the environmental liabilities faced by your organisation?
2. What is the nature of non-environmental liabilities faced by your organisation?
Chapter 3: Current and anticipated risk coverage
3. Do you consider that your public liability policy provides cover for traditional damage
liabilities that could result from an accident involving pollution?

Yes

No
4. Do you consider that your public liability policy provides cover for environmental
damage liabilities that could result from an accident involving pollution?

Yes

No
5. If you answered "No" to the preceding question, how do you ensure that your company
has cover for potential environmental liabilities resulting from an accident involving
pollution?

Another financial security instrument

A level of net worth that you consider to be adequate

Other :
6. Do you consider that your company has cover for all your potential environmental
liabilities?

Yes

No
7. If not, which liabilities are not covered
8. If all your company’s liabilities from an accident involving pollution are not covered,
have you sought full coverage or have you made a decision not to do so?
9. If your company does not have cover for all potential environmental liabilities from an
accident involving pollution, please explain why.

non-existence of suitable products

your company carries out only low risk activities

Other :
10. Do you consider that financial security, such as insurance, for environmental damage
is generally available in the location(s) of your facilities?

Yes

No
11. If you answered "No" to the preceding question, is any such cover available? Or is it
available to other industrial sectors but not the industrial sector in which your company
operates?
12. What is the level of costs for traditional damage from an accident involving pollution
for which you consider that your company has cover?
13. What is the level of costs for environmental damage from an accident involving
pollution for which you consider that your company has cover?
Chapter 4: Demand for a fund / risk pooling scheme to address
currently uncovered liabilities resulting from major industrial
operations and accidents
14. Do you consider that a fund or risk pooling scheme could assist your company in
covering your environmental (and other) liabilities and losses resulting from an accident
involving pollution?

Yes

No
15. Do you consider that such a fund / risk pooling scheme should be voluntary or
mandatory?

Mandatory

Voluntary
16. If you consider that a fund or pooling scheme shouldn't be mandatory, would you
consider participating in one if was to be established?

Yes

No
17. Do you believe such a voluntary or mandatory scheme would increase the uptake of
actions to prevent pollution in your industrial sector?

Yes

No
Chapter 5: Requirements for the design and development of
such a fund / scheme
18. Do you believe that a fund, if it was to be established, should be sector-specific or
should it be wider in nature?

Sector-specific

General
19. Do you believe such a fund, again if it was to be established:

should be EU-wide?

should there be several regional funds which would together cover the whole EU?

should there be sectoral funds?
20. What do you consider should be the threshold level at which such a fund or risk
pooling scheme responded to an accident involving pollution?

€1 million

€10 million

€100 million

Other :
21. Who do you believe should manage such a fund or risk pooling scheme if it was to be
established?

the EU

Member States

Other :
22. What would be the more efficient way of raising resources?

contributions to a fund depending on risk indicators

voluntary participation to the fund

mandatory participation to the fund

Other :
23. Which liabilities should be covered by a fund or risk pooling scheme if it was to be
established?

environmental damage liabilities

traditional damage liabilities

both environmental and traditional damage liabilities

Other :
24. If you have any further suggestions or comments on development of a fund or a riskpooling scheme to address cover environmental liabilities, please use the field below to
explain your views.
Chapter 6: Your contact information
Please would you complete your contact details below (this is for the project team to keep
track of respondes and will not be published in the report):
Name *
Organisation *
Function *
Short description of the organisation *(e.g. type of activity, sector, size, geographical
location)
Email address *
Telephone *
Thank you for your contribution!