3. The Board may refer the matter to the Commission pursuant to Article 59, where:
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(a)
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the Digital Services Coordinator of establishment failed to communicate its preliminary position within the deadline set out in paragraph 2;
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(b)
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the Board substantially disagrees with the preliminary position communicated by the Digital Services Coordinator of establishment; or
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(c)
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the Digital Services Coordinator of establishment failed to initiate the joint investigation promptly following the recommendation by the Board pursuant to paragraph 1, point (b).
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