But
Whopity, there was also JAR-FCL 1.175(b):
“In JAA Member States where national legislation requires flight in accordance with IFR under specified circumstances (e.g. at night), the holder of a pilot licence may fly under IFR, provided that pilot holds a qualification appropriate to the circumstances, airspace and flight conditions in which the flight is conducted. National qualifications permitting pilots to fly in accordance with IFR other than in VMC without being the holder of a valid IR(A) shall be restricted to use of the airspace of the State of licence issue only.”
So while it was no longer legal for a pilot without any relevant qualification, our UK national qualification (the IMCR) was entirely adequate to meet the requirements of JAR-FCL 1.175(b). EASA didn't adopt this flexibility, so it took several years of hard arguing before finally the EC came up with the Article 4(8) easement. Which is probably a much greater safety benefit than is the EIR.