Prohibitions § 2.5.2

According to Article 2(4) AI Act, the AI Act does not apply to public authorities in a third country or international organisations, where those authorities or organisations use AI systems in the framework of international cooperation or agreements for law enforcement and judicial cooperation with the Union or with one or more Member States, provided that such a third country or international organisation provides adequate safeguards with respect to the protection of fundamental rights and freedoms of individuals. Where relevant, thisexclusion may cover the activities of private entities entrusted by the third country in question to carry out specific tasks in support of such law enforcement and judicial cooperation.²³ At the same time, for the exclusion to apply, these frameworks for cooperation or international agreements must include adequate safeguards with respect to the protection of the fundamental rights and freedoms of individuals, to be assessed by the market surveillance authorities competent for the supervision of AI systems used in the area of law enforcement and ju stice.²⁴ Recital 22 AI Act clarifies that the recipient national authorities and Union institutions, bodies, offices and agencies making use of such AI outputs in the Union remain accountable to ensure their use complies with Union law. When those international agreements are revised or new ones are concluded in the future, the contracting parties should make utmost efforts to align those agreements with the requirements of th e AI Act.