I believe this is a JAR-OPS 3 requirement.
I doubt that he was operationg under JAR-OPS (Public transport) at the time?
Not quite right...
"Clear of clouds and in sight of surface, Flight visibility may be reduced to 800 m for short periods during daylight, if the helicopter is manoeuvred at a speed that will give adequate opportunity to observe other traffic and any obstacles in time to avoid a collision"
is valid for any pilot operating under VFR in Germany. That rule is based on the German LuftVO app. 5.
Spunk