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1. Economic operators shall not engage in any behaviour that undermines the compliance of products with this Regulation regardless of whether that behaviour is of a contractual, commercial, technical or other nature.

2. Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or put into service if they are designed to alter their behaviour or properties when they are tested in order to reach a more favourable result for any of the product parameters regulated in the applicable delegated acts adopted pursuant to Article 4. For the purposes of this paragraph, products designed to be able to detect that they are being tested and which automatically alter their performance in response and products pre-set to alter their performance at the time of testing shall be considered to be products designed to alter their behaviour or properties when they are tested.

3. Economic operators that place on the market or put into service a product covered by a delegated act adopted pursuant to Article 4 shall not prescribe instructions specific to testing that alter the behaviour or the properties of the product in order to reach a more favourable result for any of the product parameters regulated in the applicable delegated acts adopted pursuant to Article 4. For the purposes of this paragraph, instructions leading to a manual alteration of the product, before a test, that alters the performance of the product shall be considered to be instructions specific to testing that alter the behaviour or the properties of the product.

4. Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or put into service if they are designed to alter their behaviour or properties within a short period after being put into service, leading to a worsening of their performance in relation to any of the product parameters regulated in the applicable delegated acts adopted pursuant to Article 4, or their functional performance from the perspective of the user.

5. Software or firmware updates shall not lead to the worsening of product performance beyond acceptable margins specified in the applicable delegated acts adopted pursuant to Article 4 in relation to any of the product parameters regulated in those delegated acts or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment, except where the customer explicitly consents prior to the update to such worsening of performance. No change shall occur as a result of rejecting the update. Software or firmware updates shall in no circumstances lead to the worsening of product performance as referred to in the first subparagraph of this paragraph to the extent that the product becomes non-compliant with the requirements set out in delegated acts adopted pursuant to Article 4 applicable at the time of the placing on the market or putting into service of the product.