Search
Contact
03.11.2025 | KPMG Law Insights

CO₂ contracts for difference: Participation in the preliminary procedure is a prerequisite for funding

Companies can apply for funding in the preliminary procedure for the Climate Protection Contracts program until 1 December 2025. The funding from the Federal Ministry for Economic Affairs and Energy (BMWE) is aimed at both traditional energy-intensive industries (including chemicals, paper, cement and glass) and SMEs that want to convert their production processes to be climate-friendly. This is based on the model ofcarbon contracts for difference. Funding is provided for transformation projects that aim to use climate-friendly technologies such as renewable energies, hydrogen or carbon capture and storage (CCU/S).

The funding guideline has been significantly enhanced for the 2026 round and opened up to SMEs in particular. Participation in the preliminary procedure is a mandatory requirement in order to be able to submit a bid in 2026 and thus receive funding. Eligible companies should familiarize themselves with the new regulations at an early stage in order to secure competitive advantages.

What are CO₂ contracts for difference?

CO₂ contracts for difference are state subsidies from the BMWE. The aim is to incentivize energy-intensive companies to switch to climate-friendly technologies, which are currently still associated with high costs.

CO₂ contracts for difference guarantee a fixed CO₂ price over a period of 15 years. The state agrees a base price with the participating companies. If the market price is lower, the state pays the difference; if it is higher, the company is reimbursed. This is intended to create planning security, promote new technologies and strengthen the competitiveness of the industry.

In order to receive such funding, eligible companies must go through three phases: A preparatory procedure, the competitive bidding procedure and, after successful participation in phase 2, the grant relationship begins. Once the grant notice has been issued, construction and trial operation of the subsidized plant can begin. However, the CO2 contract for difference does not begin until the start of the subsequent operation.

Adjusted funding conditions for 2026

Following the first funding round in 2024, the BMWE has revised and adapted the funding guidelines for 2026. The aim is to make the program more accessible and attractive for SMEs by reducing the minimum annual greenhouse gas emissions. In addition, companies should be able to react more flexibly to unforeseen events and developments, for example by allowing greater deviations from planned emission reductions.

There are several relevant changes with regard to technologies and energy sources: For example, the hurdles for the use of hydrogen have been lowered. In contrast to the first bidding process, technologies for capturing CO₂ for later storage or use (known as carbon capture utilization and storage) are also eligible for funding. Another change is that the production of industrial steam can now be subsidized under certain conditions.

Participation in the preliminary procedure for the 2026 bidding process now possible

Interested companies must participate in the ongoing preliminary procedure by December 1, 2025. To do so, they must submit a complete pre-application by the deadline using the forms provided. December 1, 2025 is a material cut-off date; pre-applications received after this date will no longer be considered. Participation in the preliminary procedure entitles companies to participate in the subsequent bidding procedure. Companies that have already participated in 2024 can take part in the 2026 preliminary procedure by submitting a simple declaration of confirmation.

In the preliminary procedure, companies will also be given the opportunity to ask questions about the bidding process. The bidding process is scheduled to start in mid-2026. It is currently still subject to budgetary approval and requires approval by the EU Commission under state aid law.

Conclusion

Companies should check now whether their transformation projects are eligible for funding, take part in the preliminary procedure and prepare specifically for the 2026 bidding process. Those who understand the funding mechanisms and take a strategic approach can not only secure financial support, but also strengthen their competitive position in the increasingly climate-neutral industrial sector.

 

Explore #more

29.10.2025 | KPMG Law Insights

Fund Risk Limitation Act and Location Promotion Act create new scope for infrastructure funds

As the federal government’s special infrastructure fund of 500 billion euros will probably not be enough to finance Germany’s roads, networks and the energy transition,…

29.10.2025 | Deal Notifications

KPMG Law advises management board of Nürnberger Beteiligungs-AG on sale to Vienna Insurance Group

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) provided legal advice to the Management Board of Nürnberger Beteiligungs-AG throughout the entire public takeover process by Vienna Insurance Group…

29.10.2025 | KPMG Law Insights

BAG on pair comparison: How employers should deal with salary differences

The Federal Labor Court (BAG) has issued another landmark decision on equal pay. In its ruling of October 23, 2025 (Ref. 8 AZR 300/24),…

23.10.2025 | KPMG Law Insights

What the Federal Network Agency’s FAQs mean for storage system operators

On October 17, 2025, the Federal Network Agency published FAQs on the regulatory treatment of stationary battery storage systems (“BESS”). The FAQs are a guide…

23.10.2025 | KPMG Law Insights

What the “construction turbo” means for municipalities and building supervisory authorities

The Bundestag has passed the “construction turbo” and local authorities can now significantly accelerate certain construction projects. According to the law passed on October 9,…

22.10.2025 | In the media

KPMG Law guest article in Das Investment: Private debt for the masses: How the FRBG is turning the fund market upside down

Paradigm shift in the fund market: The new FRBG makes private debt retail-capable and creates citizen participation funds. In this article, KPMG Law expert Ulrich

20.10.2025 | KPMG Law Insights

Data centers: Requirements for emergency power generators continue to rise

When the power fails in data centers, the consequences are often severe: Data loss and system failures can cause considerable financial damage to companies. Emergency…

16.10.2025 | In the media

KPMG Law contribution to the anthology “Crypto-Asset Compliance”

KPMG Law experts Ulrich Keunecke and Marc Pussar have contributed chapter 3 on capital market and banking supervisory law aspects of crypto-assets to the anthology…

14.10.2025 | Deal Notifications

KPMG Law and KPMG advise Bühler Motor GmbH on the sale of Bühler Motor Aviation GmbH to Astronics Germany GmbH

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) have advised Bühler Motor GmbH on the sale of all shares in Bühler Motor Aviation…

10.10.2025 | In the media

KPMG Law guest article in NZG: Compliance due diligence in SMEs: Minimum scope and contractual mapping of compliance risks of the target company

In the context of M&A transactions, compliance usually still plays a subordinate role in legal due diligence. The purpose of this article is, on…

Contact

Marc Goldberg

Partner

Tersteegenstraße 19-23
40474 Düsseldorf

Tel.: +49 211 4155597976
marcgoldberg@kpmg-law.de

Sina Glahn

Associate

Heidestraße 58
10557 Berlin

Tel.: +49 30 530 199 194
sglahn@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll