1st I agree with mini-jumbo and others, I consider legal the submitted scenario.
In JAR OPS, an approach ban only exist before the FAF (or point)
Jar-Ops 1.405 refers to OM or equivalent position. Where no OM or equivalent position exists the gate is referred to 1000 ft HAA.
So the rule's sense could be to enclose non-JAR-OPS operators and those exempt from JAR-OPS 1.405 into Jar-Ops layout.