Article 14 — Penalties and measures for legal persons

1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 13(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 13(1) or (2) for the criminal offences referred to in Articles 3 to 6 and 8 to 11 shall include 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, and may include other criminal or non-criminal penalties or measures that are proportionate to the gravity of the conduct, such as: (a) exclusion from entitlement to public benefits or aid; (b) exclusions from access to public funding, including tender procedures, grants, concessions and licences; (c) temporary or permanent disqualification from the practice of business activities; (d) withdrawal of permits and authorisations to pursue activities which have resulted in or enabled the relevant offence; (e) possibility for public authorities to annul or rescind a contract, in the context of which the offence was committed; (f) placing under judicial supervision; (g) judicial winding-up; (h) closure of establishments used for committing the offence; and (i) 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 a legal person held liable pursuant to Article 13(1) for the criminal offences referred to in Articles 3 to 6, and 9 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 referred to in Articles 3 to 5: (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 alternatively (ii) an amount corresponding to EUR 40000000; (b) for criminal offences referred to in Articles 6, 8 and 9: (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 alternatively (ii) an amount corresponding to EUR 24000000. 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.