Biogas project guarantee fund financed by a contribution from member operators

Article 51 of Act No. 2026-403 of 26 May 2026 on simplifying economic life creates Article L. 446-60 of the Energy Code: operators of a biogas production plant under a purchase obligation contract, winning a tender or holding biogas production certificates may join, before construction starts, a guarantee fund that compensates part of their financial losses if the administrative courts definitively annul the environmental authorisation or building permit. Member companies pay a financial contribution whose amount depends on the project's installed capacity. A Conseil d'État decree must set the contribution, compensation rates, ceilings and time limits, and the fund's management.