57Any act of general application specifically intended to determine the arrangements under which economic operators from a third country may participate in public procurement procedures in the European Union is such as to have direct and immediate effects on trade in goods and services between that third country and the European Union, with the result that it falls within the exclusive competence of the European Union under Article 3(1)(e) TFEU (see, to that effect, Opinion 2/15 (Free Trade Agreement with Singapore) of 16 May 2017, EU:C:2017:376, paragraphs 76 and 77). This is true of acts which, in the absence of an agreement between the European Union and a third country, determine unilaterally whether and, if so, under what arrangements the economic operators of that third country may participate in public procurement procedures in the European Union. Like agreements, those unilateral acts have direct and immediate effects on trade in goods and services between that third country and the European Union.
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