217However, it should be observed that, as ECHA rightly contends, the draft report, which was submitted by the applicant and drafted subsequent to the adoption of the contested decision, cannot usefully be taken into consideration in connection with the review of the lawfulness of that decision. The applicant relies, in essence, on new analyses which were not available at the time when the contested decision was adopted and which were therefore not brought to ECHA’s attention in the pre-litigation procedure which led to the adoption of that decision. According to case-law, in an action for annulment brought under Article 263 TFEU, the lawfulness of European Union measures must be assessed on the basis of the facts and the law as they stood at the time when those measures were adopted (see, to that effect, judgment of 21 May 2015, Rubinum v Commission, T‑201/13, not published, EU:T:2015:311, paragraph 84 and the case-law cited). Moreover, as has in essence been observed in response to the first and second pleas, ECHA was not required to take into account the results of the Clarity-BPA programme.