I've got to say, this whole thing is... clever. I'm not defending Apple here, but I am saying that the way they seemed to figure out policies to comply with the letter of the law while making it seem pointless for a developer to switch to a third-party app store... well, it definitely does make Apple look smarter than the EU, that's for sure.
If it really is as it sounds, I give the EU one month max before they "fix" this. The EU doesn't like it when large corpos purposely use loopholes to go against the spirit of the law.
Not even close. These things take at least a year or two to analyze and draft and debate and redraft and so forth. Then even when they're passed, there's a year or more to give companies time to enter compliance. Not to mention that there isn't necessarily the political impetus or appetite to revisit it right now -- they passed the DMA, now other things have higher priority.
The idea of "fixing" this in just one month isn't how anything happens -- it would take multiple years if it happened at all. The EU simply does not move anywhere near that fast -- not legislatively and not in the courts either.