This approval is not optional, not free, and dependent on developer acceptance of a runtime fee. If your app gets installed on >1 million devices, it's 0.5euro per install (heh ... euro, I bet someone in apple management thought that was clever, funny and very insulting to the EU. I get it ... heh. Funny. I hope they'll be made to regret that)
By the way, NO, not just a runtime fee. Also a 10% tax on all payments made through any third party payment service, you don't get to use Apple APIs, ... lots of other limitations.
So they removed the app store requirement, but aren't allowing sideloading (anymore than before), and kept both Apple as gatekeepers AND the fees everyone's complaining about.
So now the question is: does the EU have the balls to restrict apple imports or impose the fines they threatened?
I guess the user can't stop them from using the GPS to get your real location and send it home, so maybe there really isn't a solution with such a tightly controlled platform.