MEDIA STATEMENT -- CC Meetings, 26-27 March 07

The Challenger Commission for the 32nd America's Cup (“CC”) met at the call of the Chair, Alessandra Pandarese (ITA) of Mascalzone Latino Capitalia Team at the Holiday Inn Valencia on Monday, 27 March from 0900 to 1700. Working parties met on Monday, 26 March in preparation for the main CC meeting on the 27th.

On Tuesday representatives of nine of the eleven Challengers were present:

+ AREVA Challenge (FRA) -- Katie Pettibone and Dawn Riley
+ BMW ORACLE Racing (USA) -- Tom Ehman and Russell Green
+ China Team (CHN) -- Jean-Charles Scale
+ Desafío Español (ESP) -- John Cutler and Tanis Rey-Balter
+ Emirates Team NZ (NZL) -- Jack Lloyd
+ Luna Rossa (ITA/LR) -- Bruno Finzi, Marco Mercuriali and Luis Saenz
+ Mascalzone Latino Capitalia Team (ITA/ML) -- Alessandra Pandarese
+ United Internet Team Germany (GER) -- Wolf Dietz
+ Victory Challenge (SWE) -- Dave Perry

Apologies were received from +39 (ITA) and Shosholoza (RSA) who had communicated their views on many issues, and had given their proxy to the Chair for key votes. Also present were CC Assistant Michael ten Bokum (NED/ESP), and, at the invitation of the CC for portions of the meeting:

+ Regatta Director -- Dyer Jones (USA)
+ ACC Technical Director -- Ken McAlpine (AUS)
+ ACM Security Chief -- Juan Muñoz (ESP)

The CC expressed their appreciation to all three for their support and continued cooperation; to the Holiday Inn for their as-always good service; and, especially, to Louis Vuitton for the fine dinner for CC Delegates Monday evening hosted by LV's Christine Belanger (FRA) and Monica Savini (FRA/USA).

The CC also expressed its appreciation to Caroline Hunt (GBR, Executive in Charge of Production for ACTV) and Keith Catchpole (NZL, TV Technical Ops) for the VIP tour given to members of the CC's TV Commission the previous day. Indeed, the TV Commission reported that they were impressed with the size and scope of the IBC (International Broadcast Center), and hoped that the quality of the production was in keeping with the high technical standards of the facilities.

Main decisions and points of discussion:

ACC Rule Amendment

A draft amendment (no. 6) to Version 5 of the ACC Rule was presented by Technical Director Ken McAlpine. In the past week a minor but significant drafting error had been identified by the Measurement Committee in ACC Rule 2.5(d) which defines ballast. The wording error, which no one had noticed in more than three years since Version 5 was issued, effectively outlawed the use of lead in keels and appendages. Of course, every ACC yacht since the class's inception in 1990, including all ACC yachts currently in Valencia, have large amounts of lead in at least their keel bulbs. A small corrective wording change was unanimously approved by the Challengers, including by proxy the two teams not present. Pending approval by the Defender, which the Technical Director assured was forthcoming, Mr McAlpine said he would issue the amendment. Then all in measurement world will, once again, be on an even keel.

14 April Boat Parade

ACM is organizing a boat parade cum opening ceremony involving all 12 teams two nights before the start of the LVC. Details of the parade-ceremony were only now being revealed to the Challengers, with no prior consultation of the teams. The CC unanimously objected to certain aspects of the plan that would tie up the race yachts and shore teams late into the evening on both the 13th April (dress rehearsal) and 14th (actual ceremony) -- which is no problem for Alinghi who is not formally racing until 23rd June, but it was felt burdensome and unfair for the Challengers, especially the smaller teams, who begin racing for the LVC on the 16 April.

On both nights ACM requests that teams park their race yachts in the outer canal where there can be a great deal of surge, after dark, and for more than hour. Also that the yachts would parade through the canal from 21:30 while a large fireworks display was set off along side of the canal. These aspects of the ceremony were also not supported. The CC Chair was asked to write ACM accordingly and to meet with ACM ASAP to resolve the issues. The Challengers do support the overall concept provided teams are consulted in detail, and their needs and concerns are taken into account.

Umpire Signaling System

The CC unanimously adopted the recommendations of its Notice of Race Working Party with respect to the implementation of the Umpire Signaling System during the LVC. In the past two months the NOR WP had consulted extensively with Challenger rules reps, the Regatta Director and with Chief Umpire Brad Dellenbaugh (USA). With respect to correcting any signaling errors, the following language was approved:

In the event of an error, the following guidelines apply:

(a) If the umpires make an error in the signaling:

i) if they realize they have made an error and the incorrect light signals are displayed, they may correct their error.

ii) if a call is involved, they will make their call for any incident in accordance with the light display; and

iii) if they realize after a call that they have made an error, and this results in an umpire decision that does not conform to the light display, the umpires can correct their decision based on the procedural error, but not based on a rules interpretation:

- if the umpire decision results in a green flag, the umpires would either make no change or correction, or they may penalize the proper yacht;

- if the umpire decision results in the wrong yacht being penalized, the umpires may correct their error and either penalize neither yacht (green flag) or penalize the proper yacht;

- if the umpire decision results in a penalty that cannot be corrected (i.e. some circumstances with a double penalty or red flag penalty), they may recommend that the Race Committee abandon the race.

iv) if the umpires do not realize that they have made an error, and this results in an umpire decision that does not conform to the light display, then there is no recourse and a yacht is not entitled to request redress in accordance with rule C9.1.

(b) In accordance with rule C9.1, there shall be no request for redress based on any error in the USS signals or the umpire decisions in relation to the signals displayed.

18th Person (Crew) Criteria

The CC unanimously adopted the recommendations of its Notice of Race Working Party with respect to the criteria to be used by the Jury for approving 18th Persons -- the non-working VIP crew members permitted by the AC Class Rule. The Rule prohibits persons from sailing as 18th crew if they have "acknowledged tactical or technical skill." The criteria adopted:

1. A person has "acknowledged technical or tactical skill" if they are or were a member of a design team, sailing team, performance analysis team or were a coach for an America's Cup team in the 32nd or 31st America's Cups.

2. The jury shall limit persons with coaching, design, performance analysis or sailing expertise who otherwise do not have "acknowledged technical or tactical skill" (under paragraph 1 above) to sailing as 18th person for not more than one day of racing within each of the three remaining regattas (Act 13, LVC and Match).

Pairing List and Course Sharing

The CC unanimously approved the NOR WP's recommendation to accept the pairing list format for the LVC Round Robins that had been drafted by Marco Mercuriali (ITA, Luna Rossa) in consultation with the Regatta Director. Once the final LV Ranking for each Challenger is known after Act 13, the Challengers will be "seeded" accordingly into the this latest pairing list format, and the order and scheduled dates of Round Robin matches will be known. The CC gave a hearty round of applause to Marco for his efforts on behalf of all concerned.

Likewise the CC unanimously supported the draft course sharing schedule (between the Challengers and Defender) proposed by the Regatta Director, subject to trading a few more dates with the Defender to allow full and fair effect of the aforementioned "Big Casino" pairing list format and assure more racing for the LV Finals on the inner north (buoyed) race course -- the course on which the AC Match will be conducted.

Umpire Calls and Questions & Answers

The working party of racing rules advisors chaired by John Cutler (NZL, Desafío Español) reported that since the last CC meeting all but one issue had been successfully resolved among the teams and with Chief Umpire Brad Dellenbaugh. He said there was virtual agreement on the remaining issue, Call C2.15, and all that remained was getting the wording right. This would be achieved at a meeting of rules advisors with the umpires that will take place this Thursday (29 March). Accordingly, the CC unanimously voted to extend the deadline for finalization of all such racing rules questions to 30th March. Henceforth, any new "call" or "question & answer" from the umpires will first be approved by the CC. The CC thanked John and his task force for their intensive and successful work over the past several months.

Team Photographer, Helicopter and Image Use Agreement

Chair Alessandra Pandarese reported fruitful discussions with the Defender to rationalize rules concerning use of helicopters by team photographers, defining exactly when a person is and is not a "team photographer", and the basis on which teams can use photos of other teams for promotion/media (non-merchandising) purposes. A draft agreement that she had worked out with Alinghi General Counsel Hamish Ross was presented to the CC, and it was unanimously adopted with minor changes to the wording. Assuming this latest "omnibus" agreement is adopted by Alinghi, ACM, et al., team photographers will be permitted to go aloft in helicopters to photograph the racing provided they are not shooting photos with the intent of gathering design or performance information, and the helicopters are operated within strict minimum distance/altitude rules, and not overflying yachts.

The CC also unanimously confirmed its position that all teams, not just the Defender, should be entitled, as in the past, to have free access to and use of ACM TV footage for non-commercial, in-house promotional purposes. The CC Chair she would once again take this up with ACM in connection with the Team Photographer agreement.

Proposed Protocol Amendment on Yacht Substitution

Alinghi has suggested that the Protocol be amended to allow a team to use, during the AC Match, a yacht other than the one or two "declared yachts" (that must be declared in accordance with the Protocol on 31 March) if their declared yachts are damaged for whatever reason and unable to sail in the next race of the Match. The CC unanimously rejected this proposal.

Weather Boat Restrictions

A number of Challengers asked the CC to submit to the Regatta Director for reconsideration of the new requirement in the LVC NOR that weather boats must leave the race course five minutes earlier than in the past. Heretofore team weather boats could remain in the course area until the preparatory signal for their respective matches. During Acts 10-12 this had resulted in some weather boats up the course interfering with yachts in the first match (of three matches on a given course). On a split vote the CC declined to make such a submission to the Regatta Director.

Security Update

ACM Security Chief Juan Muñoz (ESP) gave an update on security in and around the Port America's Cup. Much progress has been made since the CC's last meeting, and the Challengers were appreciative of the continuing efforts of and improved communication with ACM, the Valencia 2007 "Consorcio", and the many governmental agencies and officials involved in assuring a safe AC 32 on and off the water.

Liquidation of ACM Assets, ACPI, and CC Wind-down

A working party of CC members was established to monitor and advise ACM on the liquidation of the various assets accumulated (physical, intellectual and otherwise), inasmuch as (a) the Challengers share in the proceeds, and (b) as in the past, certain assets may be better passed on to future Cup organizers than liquidated. This working party would also monitor ongoing compliance with ACPI by all concerned and consider any necessary ACPI reformation, and also assure the wind-down or continuation of the Challenger Commission if and as appropriate.

AC Village Maintenance

Several teams objected to cutbacks by ACM in the level of maintenance within the AC Village, especially in and around team bases. The CC Chair would take the matter matter up with ACM, including the plan to limit garbage collection from team bases to levels lower than in the past -- especially given that base usage will now only increase given the onset of racing.

Future Events

Wolf Dietz reported that at least three, and possibly five of the current AC teams were indicating that they could participate in the 2nd Annual German Sailing Grand Prix now set to be held in Kiel 5-12 August 2007. Another team, not currently participating in the AC 32, had also indicated strong interest. Plans and preparations continue apace.

Russell Green reported that progress continued on plans for an event in San Francisco in late September 2007, to be held in ACC yachts with a combination of fleet and match racing. Letters of invitation have been circulated to current AC teams, a number of current and prospective teams have indicated they will participate, and further information will be forthcoming in mid-April.

Next Meetings

The CC confirmed that it will next meet briefly over coffee next Monday morning 2 April (just prior to the start of Act 13), and again on Wednesday 11 April for a debrief of Act 13 and in case there were matters arising before the start of the LVC on 16 April.



CC delegates present at the close of Tuesday's meeting here in VLC, from left: Luis Saenz (ESP, Luna Rossa), Dave Perry (USA, Victory Challenge), Bruno Finzi (ITA, Luna Rossa), Wolf Dietz (GER, United Internet Team Germany), Russell Green (BMW ORACLE Racing), CC Chair Alessandra Pandarese (ITA, Mascalzone Latino Capitalia Team), Katie Pettione (USA, AREVA Challenge), Tanis Ray-Balter (ESP, Desafío Español), Jack Lloyd (NZL, Emirates Team New Zealand), Jean- Charles Scale (FRA, China Team) and CC Assistant Michael ten Bokum (NED/ESP). Not pictured, John Cutler (ESP, Desafío Español), Tom Ehman (USA, BMW ORACLE Racing), Marco Mercuriali (ITA, Luna Rossa) and Dawn Riley (FRA, AREVA Challenge).