Work

Legislation and Regulatory Frameworks for Clonal Forestry and Horticultural Material

Year: 2026
Type: book-chapter
Abstract: The commercialization of clonally propagated woody plant material, particularly forest reproductive material (FRM) and ornamental plants, is governed by a complex framework of international and national regulations. In the European Union, under Council Directive 1999/105/EC, the regulation of FRM marketing is intended not only to ensure the use of high-quality, site-adapted material but also to conserve forest genetic diversity in a sustainable manner. FRM is therefore classified into four categories according to the level of genetic assurance, ranging from Source-identified to Tested. Because vegetative propagation requires strict maintenance of genetic identity, the use of clonal material is subject to specific restrictions and, in practice, is generally approved within the Qualified and Tested categories, with rigorous traceability from production to final use. Materials developed through genetically modified organisms (GMOs) and new genomic techniques (NGTs) are subject to environmental risk assessment and traceability requirements, particularly in view of their long lifespan and ecosystem interactions, although current reform proposals seek to reduce the regulatory burden for NGT products considered equivalent to conventionally bred plants. Beyond direct FRM legislation, the EU Biodiversity Strategy for 2030 and the EU Forest Strategy for 2030 also influence the use of clonal material by emphasizing both carbon sequestration and biodiversity objectives. In the ornamental sector, biotechnological techniques such as micropropagation and somatic embryogenesis are widely used for rapid, large-scale, pathogen-free clonal production. New and improved varieties derived from breeding programs may also be protected through intellectual property rights, including plant breeders’ rights. Successful commercial clonal propagation therefore requires a thorough understanding of the relevant legal, strategic, and intellectual property frameworks from the earliest stages of research and development.
Language: English
Subfield: Forestry
Open Access status: hybrid
OpenAlex ID: W7201981205
FWCI: 19.68
Cites: 16
Cited by: 1
Related to: 10