62By virtue of Article 2(1) TFEU, in the areas of exclusive competence of the European Union, only the European Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the European Union or for the implementation of EU acts. However, the European Union has not empowered the Member States to legislate or adopt legally binding acts concerning access to public procurement procedures for economic operators of a third country which has not concluded an international agreement with the European Union. As the Advocate General observed in points 50 to 52 of his Opinion, nor has the European Union, to date, adopted any acts of that nature which the Member States could implement.
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