Democracy at work here, it is a draft consultation on harmonising and upgrading 12 existing directives. At this time it has been sent to all members setting out the proposals and soliciting their positions, there is a long way to go before it is ratified – if ever in this format.
In the scope of the directive it states;
This Regulation shall not apply to plant reproductive material:
(a) intended solely for testing or scientific purposes;
(b) intended solely for selection purposes; or
(c) intended solely for, and maintained in, gene banks and networks of conservation of genetic resources associated with gene banks;
(d) exchanged in kind between persons other than operators
and;
Concerning old varieties, such as conservation varieties (landraces, populations) or amateur varieties, less stringent requirements will be laid down. The varieties will continue to be registered, however, on the basis of an 'officially recognised description' which shall be recognised– but not produced – by the competent authorities. For that description no DUS testing is obligatory.
I do wonder what the lobbyists are up to, it clearly states that it will not apply to a private exchange, it also states that for old varieties no type testing is necessary.
It does state that varieties not listed will still have to be registered by operators such as 'Real Seeds' should they want to sell them throughout the EU.
I can't see anywhere exclusion of heritage Plant Reproductive Material (Seeds).
Sometimes good legislation is negated by a lackadaisical approach, if the regulations had been enforced more stringently we might not be experiencing oak, sweet chestnut, plane and ash tree problems