Due to the persistent problems related to the conservation of biological diversity, conservation strategies for both plant species and their genetic material should not be restricted to their natural habitats (in situ), but should also include ex-situ-conservation under the protection of botanic gardens. The article illustrates the existing regulations for the conservation of plant species in botanic gardens in a multi-level governance system. In contrast to the commitments in Article 9 of the Convention on Biological Diversity (CBD), EU Environmental Law, such as the Habitats-Directive (92/43/EEC), and the German Federal Nature Conservation Act (BNatSchG) restrict the collection of plants, their exchange between different botanic institutions and the application of specimen to habitats. In general, both levels of regulation focus on in-situ-conservation, while the existing regulations provide an insufficient legal framework for the use of ex-situ conservation measures in support of in-situ-conservation. The article develops proposals for the strengthening of ex-situ-actions without compromising the fundamental right of academic freedom, Article 5 para. 3 of the German Constitution (GG), of botanic institutions as mostly university research facilities.