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1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6 is punishable by effective, proportionate and dissuasive criminal or non-criminal penalties or measures, which shall include criminal or non-criminal fines and may include other criminal or non-criminal penalties or measures, such as:

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

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

(c) disqualification from the practice of business activities;

(d) withdrawal of permits and authorisations to pursue activities which have resulted in the relevant criminal offence;

(e) placing under judicial supervision;

(f) judicial winding-up;

(g) closure of establishments used for committing the criminal offence;

(h) 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.

2. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6 for criminal offences referred to in Article 3(1) is 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(1), points (h)(iii) and (iv):

(i) 1 % 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 the decision to impose the fine; or (ii) an amount corresponding to EUR 8 000 000;

(b) for criminal offences covered by Article 3(1) points (a) to (g), points (h)(i) and (ii), and point (i):

(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 the decision to impose the fine; or (ii) an amount corresponding to EUR 40 000 000. 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 the decision to impose the fine.