The Bank may refer to ESMA a situation where a request by the Bank to the competent authority of another Member State -
(a) to carry out a supervisory activity, an on-the-spot verification, or an investigation, as provided for in Article 57,
(b) to exchange information as provided for in Article 58,
of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 [OJ No. L390, 31.12.2004, p.38] has not been acted upon within a reasonable time.