11.12.2003 Official Journal of the European Union L 324/55 COMMISSION DECISION of 5 December 2003 amending Decision 2002/106/EC as regards the establishment of a classical swine fever discriminatory test (notified under document number C(2003) 4522) (Text with EEA relevance) (2003/859/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever ('), and in particular Article 17(5) thereof, Whereas: 1 Rules on the use of classical swine fever vaccines and related discriminatory tests are laid down in Directive 2001/89/EC and in Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever (3). The use of marker vaccines has been hampered by the lack of a reliable discriminatory test able to distinguish between vaccinated pigs and pigs naturally infected with classical swine fever virus. For that reason no classical swine fever discriminatory test was established by Decision 2002/106EC. In 2003 the Community reference laboratory for clas- sical swine fever in cooperation with the national clas- sical swine fever laboratories evaluated a newly devel- oped discriminatory test in the context of Commission Decision 2003/265/EC of 10 April 2003 on financial assistance to the Community reference laboratory for classical swine fever for the evaluation of a new classical swine fever discriminatory test (%). The results of that evaluation show that the sensitivity and specificity of the new discriminatory test are suffi- cient to allow its use in the context of an emergency vaccination with a marker vaccine. 0J L 316, 1.12.2001, p. 5. 0J L 39, 9.2.2002, p. 71. oJL 97,15.4.2003, p. 81. (5)  The new discriminatory test to distinguish vaccinated pigs from pigs naturally infected with classical swine fever virus should therefore be established in accordance with Directive 2001/89/EC by laying down guidelines on its use. Those rules should ensure that the use of marker vaccines in conjunction with this test does not pose unacceptable risks in relation to the movements or trade of the vaccinated pigs, their offspring or their products. (6)  Commission Decision 2002/106/EC should therefore be amended accordingly. (7  The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Atrticle 1 Chapter VIII of the Annex to Decision 2002/106/EC is amended in accordance with the Annex to this Decision. Atticle 2 This Decision is addressed to the Member States. Done at Brussels, 5 December 2003. For the Commission David BYRNE Member of the Commission