The climate policy is a complex area of cooperation between Member States and the European Union institutions. The ambitious goals that the EU sets for itself in this matter are not always possible to be met by all Member States, hence the ability to work out compromise solutions is of great importance. Member States have various internal conditions, which determine the objectives of their economic and energy policies, therefore they do not always have convergent in-terests in this area. The decision-making centre where the EU climate protection policy is created is: the European Council, where key elements of this policy are agreed (such as reduction targets), and the so called an ‘institutional triangle’, i.e. the EU Council, European Parliament and European Commission which are directly involved in the legislative process. This configuration is a platform where cooperation of the Member States manifests  itself in various forms and  intensity and where those countries may attempt to force their interests in the process of creating the EU policy. The article presents the legal bases of the European  Union’s competences in the field of the climate policy and the role of the EU institutions in its creation with particular focus on mechanisms that allow Member States to influence the shape of that policy.