21.5.2009 Official Journal of the European Union L 126/13 REGULATION (EC) No 401/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (Codified version) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- (7)  They should form the basis for the European Environment PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 175 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observa- tion Network (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Regulation should be codified. (2)  The Treaty provides for the development and implemen- tation of a Community policy on the environment, and lays down the objectives and principles which should gov- ern such policy. (3) Environmental protection requirements are to be a com- ponent of the Community’s other policies. (4)  According to Article 174 of the Treaty, in preparing its action relating to the environment the Community is to take account, inter alia, of the available scientific and tech- nical data. (5)  Collection, processing and analysis of environmental data at European level are necessary in order to provide objec- tive, reliable and comparable information which will enable the Community and the Member States to take the requisite measures to protect the environment, to assess the results of such measures and to ensure that the public is properly informed about the state of the environment. (6)  There already exist in the Community and the Member States facilities providing such information and services. (1) 0] C 162, 25.6.2008, p. 86. (?) Opinion of the European Parliament of 19 February 2008 (not yet published in the Official Journal) and Council Decision of 23 March 2009. () OJ L 120, 11.5.1990, p. 1. (%) See Annex II Information and Observation Network to be coordinated at Community level by the European Environment Agency. (8)  The general principles and limits governing the exercise of the right of access to documents, provided for in Article 255 of the Treaty, have been laid down by Regula- tion (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (°). (9)  The Agency should cooperate with existing structures at Community level to enable the Commission to ensure full application of Community legislation on the environment. (10)  The status and structure of the Agency should correspond to the objective character of the results it is intended to produce and allow it to carry out its functions in close cooperation with the existing national and international facilities. (11)  The Agency should be granted legal autonomy while main- taining close links with the Community institutions and the Member States. (12) It is desirable to provide for the Agency to be open to other countries which share the concern of the Community and the Member States for the objectives of the Agency under agreements to be concluded between them and the Community, HAVE ADOPTED THIS REGULATION: Article 1 1. This Regulation provides for the European Environment Agency, hereinafter referred to as ‘the Agency’, and aims at the setting up of a European Environment Information and Observa- tion Network. 2. To achieve the aims of environmental protection and improvement laid down by the Treaty and by successive Commu- nity action programmes on the environment, as well as of sus- tainable development, the objective of the Agency and of the European Environment Information and Observation Network shall be to provide the Community and the Member States with: (a) objective, reliable and comparable information at European level enabling them to take the requisite measures to (°) OJ L 145, 31.5.2001, p. 43.