Stinger,
I agree with you but that has been the situation for the last seven years.
One main reason for the production of NPA-38 was to remove the uncertainties surrounding future performance - it should have been home and dry by now as it was written, and submitted, in March 2004, in time to be implemented before April 2005. It was also coordinated with amendments to Annex 6 Part III.
EASA was not the big issue for most of Europe as they already implement the code - it was the introduction of ground level exposure.
There are likely to be more NPAs before EASA takes possession of, and modifies, the code - there are several major issues that are being addressed at this time.
Jim