Whilst I agree that
CAT.POL.A.105 a) 1) does state "
at the start of the take-off; or" I'm unconvinced that this caveat is an exemption from further performance restrictions as
CAT.POL.A.105 a) 1) is a general regulation and it could equally be argued that
CAT.POL.A.100 a) is applicable as it states, "The aeroplane shall be operated in accordance with the applicable performance class requirements." One of which is
CAT.POL.A.230 f) stating "Before commencing an approach to land at the destination aerodrome, the commander shall check that a landing can be made in full compliance with
(a) to
(d) and
CAT.POL.A.225."
The part that does interest me from
CAT.POL.A.105 is
CAT.POL.A.105 b)
(b) The approved performance data contained in the AFM shall be used to determine compliance with the requirements of the appropriate chapter, supplemented as necessary with other data as prescribed in the relevant chapter. The operator shall specify other data in the operations manual. When applying the factors prescribed in the appropriate chapter, account may be taken of any operational factors already incorporated in the AFM performance data to avoid double application of factors.
So maybe this does support what you're saying i.e. that the regulations are mindful of double application of factors and hence the AFM is sufficient.
So far:
No factor: 1
Factor: 0