# Recital (40)

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.

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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/40