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1. An application made where a final decision on a previous application by the same applicant has not yet been taken shall be considered to be a further representation and not a new application. That further representation shall be examined in the Member State responsible in the framework of the ongoing examination in the administrative procedure or in the framework of any ongoing appeal procedure in so far as the competent court or tribunal may take into account the elements underlying the further representation.

2. Any further application made in any Member State after a final decision has been taken on a previous application by the same applicant shall be considered to be a subsequent application and shall be examined by the Member State responsible.

3. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether new elements have arisen or have been presented by the applicant and which:

(a) significantly increase the likelihood of the applicant to qualify as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347; or (b) relate to an inadmissibility ground previously applied, where the previous application was rejected as inadmissible.

4. The preliminary examination shall be carried out on the basis of written submissions or a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. In particular, the personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to new elements as referred to in paragraph 3.

5. The elements presented by the applicant shall be considered to be new only where the applicant was unable, through no fault on his or her own part, to present those elements in the context of the earlier application. Any elements which could have been presented earlier by the applicant need not be taken into account unless they significantly increase the likelihood of the application not being inadmissible or of the applicant qualifying for international protection or if a previous application was rejected as implicitly withdrawn in accordance with Article 41 without an examination on the merits.

6. Where new elements as referred to in paragraph 3 have been presented by the applicant or have arisen, the application shall be further examined on its merits, unless the application may be considered to be inadmissible on the basis of another ground provided for in Article 38(1).

7. Where no new elements as referred to in paragraph 3 have been presented by the applicant or have arisen, the application shall be rejected as inadmissible pursuant to Article 38(2).