Just a thought about discretion.
Am I right in thinking that every discretion report will be audited and eventually seen by the GCAA. Therefore, as the GCAA are starting to get fairly rigid in their rules. The idea would be to continually subject a discretion report for this flight.
What this will create is a false schedule for EK. Therefore forcing the EK to make the flight schedule legal. In Europe if any flight continually went into discretion then the ruling CAA would ensure the scedule would be changed to a more accurate one.
So my advice would be to do the flight and subject the discretion report. It is totally legal out of DXB. This way no one has to skate on thin ice.