Division (3) Annex III is amended as follows:

the following paragraph is added after the first paragraph:

‘Where a model has been designed to be able to detect it being tested (e.g. by recognizing the test conditions or test cycle), and to react specifically by automatically altering its performance during the test with the objective of reaching a more favourable level for any of the parameters specified in this Regulation or included in the technical documentation, or included in any of the documentation provided, the model and all equivalent models shall be considered not compliant.’

At the end of point (1) the following is added:

‘The Member State authority can do this verification using its own testing equipment.

If Factory Acceptance Tests (FATs) are planned for such transformers, which will test parameters laid down in Annex I of this Regulation, the Member State authorities may decide to use witnessed testing during these FATs to gather test results which can be used to verify compliance of the transformer under investigation. The authorities may request a manufacturer to disclose information on any planned FATs relevant for witnessed testing.

If the result referred to in point 2(c) is not achieved, the model and all equivalent models shall be considered not to comply with this Regulation. The Member State authorities shall provide all relevant information to the authorities of the other Member States and to the Commission without delay after a decision is taken on the non-compliance of the model.’

And point (3) is replaced as follows:

‘(3)

If the results referred to in point 2(a), (b) or (c) are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.’;