The users at F1technical can make up their own mind how the rule change mechanism works under the Concord Agreement (CA). A page named RaceFax have published the 1997-2007 CA as a PDF. You can join recefax as a free 30 day subscriber and download the CA at
http://www.racefax.com/content/concorde.php
For the benefit of the average user I will copy the main points that deal with the rule changes here. I will also bold items that are particularly important to the structure of decision making.
1997-2007 Concord Agreement wrote:Fl COMMISSION
6.1 The parties hereto agree that the FIA Formula One Commission, called the
“F1 Commission”, shall continue in existence and shall continue to resolve all
matters concerning the FIA F1 Championship (other than matters referred to in
Clause 6.2) and any changes to the regulations relating to such Championship,
subject always to Clause 6.3.
6.2 The Fl Commission shall continue not to resolve the following matters:
(a) matters not presently within the competence of the FIA World Motor
Sport Council (herein referred to as the “World Motor Sport Council”)
such as proceedings under the Code and regulations referred to in
Recital D hereof;
(b) matters within the competence of the FIA Circuits and Safety
Commission (that is safety measures regarding circuits);
(c) the nomination and/or appointment of the FIA Inspectors, Observers,
Delegates and Stewards of the Meeting, and
(d) the matters referred to in Clauses 6.2(b) and 6.2(c) shall remain under
the final and exclusive authority of the World Motor Sport Council or
its Secretariat,
6.3 Save as provided in this Clause 6, each of the FIA commissions concerned
with Formula One shall continue to report only on Formula One matters to the F1
Commission, which shall then submit its resolutions on matters so referred and
other matters within Clause 6.1 to the World Motor Sport Council for decision. The
World Motor Sport Council shall continue not to resolve matters referred to in
Clause 6.1: it may only approve or disapprove resolutions proposed by the Fl
Commission. If the World Motor Sport Council do not approve a resolution
proposed by the F1 Commission, it shall not modify such resolution, but shall
remit it to the Fl Commission for reconsideration with its recommendation. The
World Motor Sport Council can itself continue to submit matters within Clause 6.1
to the Fl Commission for consideration by the F1 Commission, which shall then
notify its opinion and its eventual proposal to the World Motor Sport Council for
decision.
6.4 Nothing in this Clause 6 shall prevent the World Motor Sport Council from
continuing to consult other FIA Commissions regarding Formula One matters.
7.3 The internal rules governing the F1 Technical Working Group shall be laid
down by the F1 Commission, provided always that:
(a) its Chairman shall be the FIA Technical Delegate;
(c) the quorum for meetings shall be six members;
(e) for any decision to be made as a recommendation to the F1
Commission it must be passed by an 80% majority;
7.4 The Fl Commission shall continue to have, to the exclusion of any other body, the power
to approve or reject technical regulations (which shall always and necessarily be recommended
by the Fl Technical Group) but it shall have no right to amend or alter the wording of such
technical regulations proposed by the Fl Technical Working Group. Notwithstanding-this
limitation, the F1 Commission may remit to the Fl Technical Working Group regulations which
it has rejected with proposals for their amendment, and may also suggest to the F1 Technical
Working Group new regulations for their consideration, which in both cases shall be referred
back to the F1 Commission for decision.
7.5 (a) It is hereby agreed that one of the principal tasks of the F1 Technical Working
Group is constantly to review and modify the FIA Formula One Technical Regulations in the
light of technical developments, so as to keep the performance of the cars within reasonable
limits taking safety into consideration.
(b) If, notwithstanding the work of the Fl Technical Working Group, the
average performance of the leading ten cars in the FIA F1
Championship should show an unacceptable increase over the
previous season, or a trend of increased performance over several
seasons which, in the opinion of the FIA, is such as to endanger the
public, trackside workers or drivers, the FIA shall give notice to the F1
Technical Working Group to propose measures to reduce the
performance of the cars.
If you have followed so far with our analysis of the CA you will agree that the exclusive right to make changes to the technical regulations rests with the Technical working group which is almost completely made up of the teams representatives and where decisions are made with a 80% majority. I believe the latest CA has reduced that figure to 70%.
The rules as written by the TWG are than formally passed through the F1 Commission and then rubber stamped by the World Motor Sport Counsil (WMSC). The F1Commission and the WMSC cannot make changes to the wording.
They can only reject rules or pass them.
The only power the FiA has is to reject proposals by the teams until they are considered suitable for the sport. Only if the TWG does not fulfill its obligation to control performance within safe levels the FiA can impose rule changes to force the necessary safety.
I hope this contributes to the transparency of rule making in F1. The basic principle are the same since the first CA in 1981. The only time that a CA wasn't properly operational in the history of F1 since 1981 was for 19 months from 1.1.2008-24.07.2009. During that time a limited number of teams (Ferrari, Williams, Red Bull, Force India, Toro Rosso) had signed a 2008-2012 CA which was eventually superceded by the 2009-2012 CA that was signed by all teams. I usually refer to the incomplete 2008 CA as the "Interregnum". The interregnum CA was signed by the few teams between 2005 and 2006. Those teams took a great deal of influence on the course of the rule development in the short time of the interregnum. Williams stopped the introduction of customer teams which were all but agreed between the rest of the teams and the FiA. As a result Prodrive which had been given a license to compete could not race in 2008. Ferrari was able to influence the direction of the rules very heavily because the FiA had agreed a secret veto with them from 2005 when they had signed the 2008 CA.