# Recital (24)

If, and insofar as, AI systems are placed on the market, put into service, or used with or without modification of such 
systems for military, defence or national security purposes, those should be excluded from the scope of this 
Regulation regardless of which type of entity is carrying out those activities, such as whether it is a public or private 
entity. As regards military and defence purposes, such exclusion is justified both by Article 4(2) TEU and by the 
specificities of the Member States’ and the common Union defence policy covered by Chapter 2 of Title V TEU that 
are subject to public international law, which is therefore the more appropriate legal framework for the regulation of 
AI systems in the context of the use of lethal force and other AI systems in the context of military and defence 
activities. As regards national security purposes, the exclusion is justified both by the fact that national security 
remains the sole responsibility of Member States in accordance with Article 4(2) TEU and by the specific nature and 
operational needs of national security activities and specific national rules applicable to those activities. Nonetheless, 
if an AI system developed, placed on the market, put into service or used for military, defence or national security 
purposes is used outside those temporarily or permanently for other purposes, for example, civilian or humanitarian 
purposes, law enforcement or public security purposes, such a system would fall within the scope of this Regulation. 
In that case, the entity using the AI system for other than military, defence or national security purposes should 
ensure the compliance of the AI system with this Regulation, unless the system is already compliant with this 
Regulation. AI systems placed on the market or put into service for an excluded purpose, namely military, defence or 
national security, and one or more non-excluded purposes, such as civilian purposes or law enforcement, fall within 
the scope of this Regulation and providers of those systems should ensure compliance with this Regulation. In those 
cases, the fact that an AI system may fall within the scope of this Regulation should not affect the possibility of 
entities carrying out national security, defence and military activities, regardless of the type of entity carrying out 
those activities, to use AI systems for national security, military and defence purposes, the use of which is excluded 
from the scope of this Regulation. An AI system placed on the market for civilian or law enforcement purposes 
which is used with or without modification for military, defence or national security purposes should not fall within 
the scope of this Regulation, regardless of the type of entity carrying out those activities.

---
Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/24