The Commission is obliged to update the regulation when it identifies a potential alternative test method to current testing on animals.

The complainant is of the view that the TMR can be updated without the need for the test method to be verified by the Organisation for Economic Co-operation and Development (OECD), which is the practice followed by the Commission. The complainant also believes that, even if OECD input is necessary, the process for updating the TMR still takes too long.

The Ombudsman found that the Commission was justified in involving the OECD. While she recognised that the process for updating the TMR is lengthy, she found no maladministration on this aspect of the case.

The Ombudsman, however, made two suggestions to the Commission to seek to accelerate the process in the future.