you can if you check one checkmark during publishing of your iOS app (same with mac).
How many of the 45 million users have ever touched xcode?
Put another way - how would accepting this as-is help regulators proceed? It's a finely-tuned joke, and if it didn't come with the olive branch of "illegal content moderation" then it wouldn't have been taken with a straight face.
Apple introduced the iPad in 2010 with the capability of selling different apps for iPhone and iPad. Back then, they didn’t have a framework for supporting screens of different sizes - which wasn’t introduced until around 2012.
They introduced the AppleTV that could have third party apps in 2015.
This was way before the EU started making up regulation because it can’t produce a viable tech company to save its life.