21.4.2004 Official Journal of the European Union L 114/19 (Acts whose publication is not obligatory) COMMISSION DECISION of 6 April 2004 concerning protection measures in relation to highly pathogenic avian influenza in the United States of America (notified under document number C(2004) 1310) (Text with EEA relevance) (2004/363[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4)  This detected avian influenza virus strain is of subtype Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/ EEC and 90/675/EEC (Y, and in particular Article 18(6) and (7) thereof, Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (%), and in particular Article 22(1) and (6) thereof, Whereas: (1) Avian influenza is a highly contagious viral disease in poultry and birds, which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. (2)  There is a risk that the disease agent might be intro- duced via international trade in live poultry and poultry products. (3)  On 23 February 2004 the United States of America have confirmed one outbreak of highly pathogenic avian influenza in a poultry flock in the State of Texas (Gonzales County), which has been detected as positive during surveillance carried out on 17 February 2004. (") OJ L 268, 24.9.1991, p. 56, as last amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1). () OJL 24, 31.1.1998, p. 9. H5N2 and therefore different from the strain currently causing the epidemic in Asia. Current knowledge suggests that the risk for public health in relation to this subtype is inferior to the risk of the strain circulating in Asia, which is an H5N1 virus subtype. (5 However, in view of the animal health risk of disease introduction into the Community, imports of live poultry, ratites, farmed and wild feathered game birds and hatching eggs of these species and of fresh meat of poultry, ratites, wild and farmed feathered game, meat preparations and meat products consisting of, or containing meat of those species, obtained from birds slaughtered after 27 January 2004, and imports of eggs for human consumption, have been suspended from the United States of America as of 25 February 2004 by Commission Decisions 2004/187/EC (), 2004/256/ EC (%, and by Decision 2004/274/EC (°) of 23 March 2004. (6)  Commission Decision 94/984EC of 20 December 1994 laying down animal health conditions and veterinary certificates for the importation of fresh poultrymeat from certain third countries (°), Commission Decision 96/482[EC of 12 July 1996 laying down animal health conditions and veterinary certificates for the importation of poultry and hatching eggs other than ratites and eggs thereof from third countries including animal health measures to be applied after such importation (), Commission Decision 2000/585/EC drawing up a list 57, 25.2.2004, p. 35. OJ L OJ L 80, 18.3.2004, p. 31. OJ L 86, 24.3.2004, p. 27. OJ L 378, 31.12.1994, p. 11. Decision as last amended by Decision 2004/118/EC (O] L 36, 7.2.2004, p. 34). () OJ L 196, 7.8.1996, p. 13. Decision as last amended by Decision 2004/118/EC. ] ] ] ]