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1. Participation in procurement procedures shall be open on equal terms to all natural and legal persons within the scope of the Treaties and to all natural and legal persons established in a third country which has a special agreement with the Union in the field of procurement under the conditions laid down in such an agreement. It shall also be open to international organisations.

2. For the purpose of Article 163(4), the JRC shall be considered as a legal person established in a Member State.

3. Without prejudice to paragraphs 1 and 2, for contracts awarded by, or exclusively in the interest of, Union delegations in third countries, participation in procurement procedures shall also be open on equal terms to all natural and legal persons established in the third country where the Union delegation concerned is established. In addition, it may be decided under exceptional circumstances duly justified by the authorising officer responsible to allow third-country nationals or entities, to tender for contracts.

4. Participation in procurement procedures and performance of the contracts awarded shall be subject to conditions laid down in Regulation (EU) 2022/1031 and in implementing acts (IPI measures) adopted under that Regulation.