Document ID: 32022C0630(01)
Language: ENG

<table><col/><col/><col/><col/><tbody><tr><td><p>30.6.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>C 248/86</p></td></tr></tbody></table>
Statement by the Commission on the exclusive competence in respect of Regulation (EU) 2022/1031 of the European Parliament and of the Council ( 1 )
(2022/C 248/02)
As confirmed in the Opinion 2/15 of the Court of Justice, the participation of third-country economic operators, goods and services in the Union’s procurement procedures falls within the scope of the common commercial policy for which, as explicitly stated in Article 3(1)(e) TFEU, the Union has exclusive competence. Therefore, Member States and their contracting authorities and contracting entities shall not adopt or maintain any legislative or other generally applicable measures governing access by third-country economic operators, goods and services beyond those applied in accordance with this Regulation and other Union legislation.
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( 1 ) Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument - IPI) ( OJ L173, 30.6.2022, p. 1 ).
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