Article 37 — Scheduling of capacity restrictions resulting from railway infrastructure works

1. Infrastructure managers shall adhere to the schedule and requirements set out in Sections 3 and 8 of Annex I when scheduling railway infrastructure works in accordance with this Article. 2. When scheduling railway infrastructure works, infrastructure managers shall limit the impact on pre-planned capacity included in the capacity model or in the capacity supply plan to the extent possible. 3. If the scheduling of a capacity restriction resulting from railway infrastructure works requires a change to an allocated capacity right within the meaning of Article 41, the infrastructure manager shall do its utmost to provide the applicants concerned with alternative capacity which allows the railway undertaking to operate the services concerned. For that purpose, the infrastructure manager shall inform all applicants concerned about the intended change to the capacity rights concerned. It shall offer to the applicants concerned alternative capacity rights or initiate a coordination with the applicants concerned with a view to agreeing on alternative capacity rights. 4. Infrastructure managers shall include capacity restrictions resulting from railway infrastructure works as soon as they are scheduled in the capacity model or in the capacity supply plan, regardless of the moment when they are scheduled. 5. The infrastructure manager may derogate from the deadlines laid down in Section 3, Table 1 of Annex I, and the requirement to include capacity restrictions with high or major impact in the capacity model referred to in Article 19 in the following cases: (a) there is evidence that, due to unforeseen events, the capacity restriction is necessary to re-establish safe train operations; (b) the timing of the restrictions is beyond the control of the infrastructure manager, its contractors or other operators acting on its behalf; or (c) if all operational stakeholders concerned agree. In those cases, the infrastructure manager shall consult the applicants and the operators of service facilities concerned forthwith and keep them informed at regular intervals on the progress towards the re-establishment of normal operations. Capacity restrictions that imply changes to capacity rights after allocation shall comply with the requirements laid down in Article 41 and in Section 8 of Annex I.