2.

Member States may lay down in national law rules on the preliminary examination pursuant to Article 40. Those rules may, inter alia: oblige the applicant concerned to indicate facts and substantiate evidence which justify a new procedure; permit the preliminary examination to be conducted on the sole basis of written submissions without a personal interview, with the exception of the cases referred to in Article 40(6). Those rules shall not render impossible the access of applicants to a new procedure or result in the effective annulment or severe curtailment of such access.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.