Article 18(2) of Regulation (EC) No 1768/95 is replaced by the following:
‘2. If such person has intentionally or negligently not complied with its obligation pursuant to Article 14(3), fourth indent, of the basic Regulation, in respect of one or more varieties of the same holder, the liability to compensate the holder for any further damage pursuant to Article 94(2) of the basic Regulation may include the costs of the investigations carried out by the holder to identify and evaluate the scope of that non-compliance.’.