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1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) or (2) is punishable by effective, proportionate and dissuasive criminal or non-criminal penalties or measures.

2. Member States shall take the necessary measures to ensure that penalties or measures for legal persons held liable pursuant to Article 6(1) or (2) for the criminal offences referred to in Articles 3 and 4 shall include criminal or non-criminal fines and may include other criminal or non-criminal penalties or measures, such as:

(a) an obligation to:

(i) restore the environment within a given period, if the damage is reversible, or (ii) pay compensation for the damage to the environment, if the damage is irreversible or the offender is not in a capacity to carry out such restoration;

(b) exclusion from entitlement to public benefits or aid;

(c) exclusion from access to public funding, including tender procedures, grants, concessions and licences;

(d) temporary or permanent disqualification from the practice of business activities;

(e) withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence;

(f) placing under judicial supervision;

(g) judicial winding-up;

(h) closure of establishments used for committing the offence;

(i) an obligation to establish due diligence schemes for enhancing compliance with environmental standards;

(j) where there is a public interest, publication of all or part of the judicial decision relating to the criminal offence committed and the penalties or measures imposed, without prejudice to rules on privacy and the protection of personal data.

3. Member States shall take the necessary measures to ensure that, at least for legal persons held liable pursuant to Article 6(1), criminal offences covered by Article 3(2) are punishable by criminal or non-criminal fines, the amount of which shall be proportionate to the gravity of the conduct and to the individual, financial and other circumstances of the legal person concerned. Member States shall take the necessary measures to ensure that the maximum level of such fines is not less than:

(a) for criminal offences covered by Article 3(2), points (a) to (l), and points (p), (s) and (t):

(i) 5 % of the total worldwide turnover of the legal person, either in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine, or (ii) an amount corresponding to EUR 40 000 000 ;

(b) for criminal offences covered by Article 3(2), points (m), (n), (o), (q) and (r):

(i) 3 % of the total worldwide turnover of the legal person, either in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine, or (ii) an amount corresponding to EUR 24 000 000 . Member States may establish rules for cases where it is not possible to determine the amount of the fine on the basis of the total worldwide turnover of the legal person in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine.

4. Member States shall take the necessary measures to ensure that legal persons held liable pursuant to Article 6 for the criminal offences covered by Article 3(3) are punishable by more severe criminal or non-criminal penalties or measures than those applicable for the criminal offences covered by Article 3(2).