A couple of quotes from the
actual proposal.
In order to adapt to the needs of producers and the requirements of flexibility, the Regulation continues not to apply to plant reproductive material intended for testing and scientific purposes and intended for breeding purposes. In addition, it should not apply to material intended to or maintained in gene banks, and networks of conservation of genetic resources or organisations associated with gene banks as well as material exchanged in kinds between two persons.
Plant reproductive material should only be produced and placed on the market as prebasic, basic, certified or standard material, in order to ensure transparency and informed choices with its users. Specific requirements should be adopted per genera and species for each of those categories. The requirements on identity, purity, health and other quality requirements, labelling, lots, packaging including small packages,
post-certification control tests, comparative tests and trial and mixtures will continue to be applied.
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. It shall describe the specific characteristics of the plants and parts of plants which are representative for
the variety concerned and make the variety identifiable, including the region of origin. This description can be based on an old official description of the variety, description produced at the time by a scientific, academic body or organisation. The accuracy of its content could be supported by previous official inspections, unofficial examinations or knowledge gained from practical experience during cultivation, reproduction and use. The current quantitative restrictions are abolished. The users are informed about the material by a label indicating that this variety is identified by an officially recognised description and the region of origin.
So far as I can tell there is nothing that would stop anyone selling heirloom seed varieties at all. The thrust seems to be that if you label it as wheat then it must conform to whatever is expected when someone buys wheat across the whole EU.