I.-The following is punishable by two years’ imprisonment and a fine of €150,000:
1° Continuing, with regard to the devices mentioned in Article 1 of Regulation (EU) 2017/746 the activities that have been the subject of one of the measures provided for in paragraph 4 of Article 90, paragraph 2 of Article 92 and paragraph 1 of Article 93 of this Regulation;
2° Failing to carry out the withdrawal or recall measures ordered pursuant to paragraph 4 of Article 90, paragraph 2 of Article 92 and paragraph 1 of Article 93 of this Regulation (EU) 2017/746.
II.-Notwithstanding Article L. 5462-6, natural persons guilty of the offences referred to in I. also incur the following additional penalties:
1° Dissemination of the sentencing decision and one or more messages informing the public of this decision, under the conditions set out in Article 131-35 of the French Penal Code;
2° Posting of the decision handed down, under the conditions and subject to the penalties set out in Article 131-35 of the same code;
3° Confiscation of the item that was used or intended to be used to commit the offence or of the proceeds of the sale of this item, in accordance with the conditions set out in article 131-21 of the same code;
4° Permanent closure or closure for a maximum of five years of the establishments of the company that were used to commit the offence, in accordance with the conditions set out in article 131-33 of the same code.
III.By way of derogation from article L. 5462-7, legal entities declared criminally liable, under the conditions set out in article 121-2 of the French Criminal Code, for the offences defined in I. shall be liable, in addition to a fine in accordance with the procedures laid down in article 131-38 of the French Penal Code:
1° Confiscation of the thing that was used or intended to be used to commit the offence or of the thing that is the product of the offence, in accordance with the conditions set out in 8° of article 131-39 of the same code;
2° Posting or broadcasting of the decision handed down, either in the written press or by any means of audiovisual communication, in accordance with the conditions set out in 9° of article 131-39 of the same code;
3° The permanent closure, or closure for a maximum of five years, of the establishments of the company that were used to commit the offences, in accordance with the conditions set out in 4° of article 131-39 of the same code.