Directive 2004/35/EC is amended as follows:

1. (1)

   in Article 14, paragraph 2 is deleted;

2. (2)

   Article 18 is replaced by the following:

   Article 18Information on implementation and evidence base

   1

   The Commission shall collect information from Member States, that has been disseminated in accordance with Directive 2003/4/EC of the European Parliament and of the Council22, and as far as available, on the experience gained in the application of this Directive. That information shall cover the data set out in Annex VI to this Directive and be collected by 30 April 2022 and every five years thereafter.

   2

   On the basis of the information referred to in paragraph 1, the Commission shall carry out an evaluation of this Directive and publish it before 30 April 2023 and every five years thereafter.

   3

   By 31 December 2020, the Commission shall develop guidelines providing a common understanding of the term “environmental damage” as defined in Article 2.

3. (3)

   Annex VI is replaced by the following:

   ANNEX VIINFORMATION AND DATA REFERRED TO IN ARTICLE 18(1)

   The information referred to in Article 18(1) shall cover cases of environmental damage under this Directive, with the following information and data for each instance:

   1. 1.

      Type of environmental damage, date of occurrence and/or discovery of the damage. The type of environmental damage shall be classified as damage to protected species and natural habitats, water and land as referred to in point 1 of Article 2.

   2. 2.

      Description of the activity in accordance with Annex III.

   Member States shall include any other relevant information on the experience gained from the implementation of this Directive.