Abstract. We investigate the notion of fair testing, a formal testing theory in the style of De Nicola and Hennessy, where divergences are disregarded as long as there axe visible outgoing transitions. The usual testing theories, such as the standard model of failure pre-order, do not allow such fair interpretations because of the way in which they ensure their compositionality with respect to abstraction from observable actions. This feature is usually present in the form of a hiding-operator (CSP, ACP, LOTOS) or part of parallel composition (CCS). Its application can introduce new divergences causing semantic complications. In this paper we present a testing scenario that captures the intended notion of fairness and induces a pre-congruence for abstraction. In the presence of a sufficiently strong synchronisation feature it is shown to be the coarsest pre-congruence contained in the (non-congruent) fair version of failure preorder. We also give a denotational characterisation.