# Recital (40)

> Ireland is excluded from the application of Article 5(1)(d), Article 26, and Article 5(2)-(6) of the AI Act under specific conditions related to its non-participation in certain EU police and judicial cooperation frameworks.

## Introduction

In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland is not bound by the rules set out in Article 5(1), point (d), and Article 26, insofar as those provisions relate to the use of AI systems for law enforcement purposes.

## Content

In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as annexed to the TEU and to the TFEU, Ireland is not bound by the rules laid down in Article 5(1), first subparagraph, point (g), to the extent it applies to the use of biometric categorisation systems for activities in the field of police cooperation and judicial cooperation in criminal matters, Article 5(1), first subparagraph, point (d), to the extent it applies to the use of AI systems covered by that provision, Article 5(1), first subparagraph, point (h), Article 5(2) to (6) and Article 26(10) of this Regulation adopted on the basis of Article 16 TFEU which relate to the processing of personal data by the Member States when carrying out activities falling within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU, where Ireland is not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down on the basis of Article 16 TFEU.

## Official source
- [Source](https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32024R1689#rct_40)