EASA clearly understood the comments that were reported on this thread; a proposal is contained in the amended Basic Regulation that is now going through due process.
Article 4 of Annex V 'AIRCRAFT PERFORMANCE AND OPERATING LIMITATIONS' mirrors the approach taken by the FAA in FAR 91.9(a) and (d). Thus it restores the status quo ante contained in JAR-OPS 3.005(b) and its associated Appendix - i.e. to permit momentary excursions through the limiting height velocity envelope (to an adequate level of safety).
Jim