The draft constitutional treaty for the European Union, as proposed by the European Convention, contains a new article on energy policy – Article III-157. This states that in establishing an internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim to ensure the functioning of the energy market, security of energy supply in the Union and promote energy efficiency and saving and the development of new and renewable forms of energy. Laws enacted to achieve these aims shall not affect a member state's choice between different energy sources and the general structure of its energy supply.
The draft constitutional treaty is being considered in the Intergovernmental Conference now under way. While it was the stated intention of the European Convention that the article on energy reflect existing practice, a number of member states sought to have the wording amended so that it stipulates more clearly the right of member states to control their energy reserves. Ireland supports such an approach.