I refitted my EGR and CAT before getting my 2004 TD5 tested, my MOT tester is a indi landrover repair specialist and he told me he failed a disco a few weeks before I took mine in because both EGR and CAT had been removed, I have read other garages have passed them with them being removed, maybe some have engine covers off so it's easy to spot and others that have passed have engine covers on so hiding the EGR. Or some just don't know which had them originally.
Ironically he rang me to say mine would not pass as one of my electric headlight beam height adjusters was not operating, which if fitted now have to work under the new rules, even though headlight alignment was fine.
He did not register a fail but sorted it and gave me a pass, it had been like that for 12 years I've owned it, I forgot about it.