A bit OT maybe....
Hate to paint a dark picture but years ago a personal problem (subarachnoid haemorrhage) prompted med to look closer into "risk" of epilepsy. I concluded that 1% is background risk that everyone is exposed to during a lifetime (one seizure only and you're in the club).
AFAIK 1% is also the limit that JAA have adopted in the FCL-3.
However, how did your consultant arrive at the 2-3% risk level ? Did he look up your EEG pattern in some kind of statical reference work ? I think not. Fact is that the medical world does not care much about you until you have some kind of medical condition. Most likely he is applying (as the CAA will too) his professional
opinion in lieu of the statistics wich probably does not exsist. Make him qualify his opinion with some articles from the medical sience community. You'll need it when you approach the CAA.