Planet-F1

FIA: FOTA knew the deal before the meeting

Thursday 9th July 2009

The FIA have defended themselves in the wake of FOTA's accusation that they putting F1 in jeopardy, saying the FOTA eight knew they weren't able to change the rules.

Wednesday's Technical Working Group meeting with the FOTA eight, Williams, Force India and the three new 2010 teams, ended in more controversy when the FOTA members walked out after being told they had no say in next year's regulations nor were they currently entered into next year's Championship.

"It is clear to the FOTA teams that the basis of the 2010 technical and sporting regulations was already established in Paris," said a statement released by the organisation.

"As endorsed by the World Motor Sport Council and clearly stated in the FIA press statement of June 24 'the rules for 2010 onwards will be the 2009 regulations as well as further regulations agreed prior to April 29, 2009'.

"At no point in the Paris discussions was any requirement for unanimous agreement on regulations change expressed."

The FIA, though, have come out firing, saying FOTA were informed prior to the meeting that all 13 teams had to agree to any rule changes for next year's Championship.

"Before FOTA's decision to walk out of yesterday's Technical Working Group meeting, the President of the FIA wrote twice to the President of FOTA to remind him that any amendments to the 2010 FIA Formula One World Championship regulations were subject to the unanimous approval of the five teams that had already entered for next season under the rules as published," said an FIA statement.

"This is because of the International Sporting Code and also because the entered teams have a contract with the FIA which not even the General Assembly or the World Council can abrogate. Anyone with an elementary knowledge of motor sport governance knows this.

"Imagine the uproar if, after the FOTA teams had entered, the World Council were subsequently to change the rules without asking them.

"It follows that the agreement of the five teams currently entered in the 2010 World Championship to all 2010 rule changes is required.

"To suggest that FOTA were only made aware of this during the meetings of yesterday is quite simply untrue. So is the implicit claim that they were all unaware of one of motor sport's basic principles."

The FIA further state that, despite FOTA's walkout, the other five teams - Williams, Force India and the three new entrants, US F1, Campos Meta and Manor Grand Prix - did agree to the changes.

The FIA also blamed FOTA for the lack of a new Concorde Agreement, saying the organisation, rather than extending the current deal, tried to have an entirely new Agreement accepted.

"The deal that the FIA reached with FOTA in Paris was to extend the 1998 Concorde Agreement with some minor amendments to the governance section," the statement added. "This would have put in place an F1 Commission to deal with future rules with any major question going to the FIA Senate.

"However, on 25 June, instead of the 1998 Agreement with some minor amendments, the FIA received 350 pages of a completely new Concorde Agreement.

"It being wholly impractical to involve the Senate in such detailed negotiations, the contract was handed over to FIA lawyers, who worked on it tirelessly over the weekend 27-28 June and gave comments during a three-hour conference call on Monday 29 June. Then the 350 pages of 25 June turned out not to be the final FOTA/FOA version and elements of a new version appeared, partly on 2 July, partly on 3 July.

"Again, FIA lawyers worked over the weekend on 4-5 July, as did FIA President Max Mosley and FIA Deputy President (sport) Nick Craw. Further comments were then given on a three and a half hour lawyers' call on Monday 6 July and again in a conference call yesterday, 8 July, following the circulation of further drafts. Further significant progress was made yesterday evening in yet another conference call.

"At present it seems probable that a final draft of the 2009 Concorde Agreement will be agreed and ready for signature in the coming days."