NEWSLETTER-2020-metin

358 NEWSLETTER 2020 As the highest governing body of football, the FIFA provided a guideline named “COVID-19 Football Regulatory Issues,” (“Guide- line”) that included principles and recommendations in response to the Covid-19 outbreak, on 7 April 2020. With its circular numbered 1714 dated 7 April 2020 (“Circular”), 2 the Guideline, which entered into force immediately, was provided to all FIFAmember associations and its stakeholders. COVID-19 Outbreak as a Force Majeure In the Introduction of the Guideline, it is stated that concerning the disruption caused by the Covid-19 outbreak, the FIFA has received numerous enquiries and requests mostly related to the RSTP. By em- phasizing the FIFA’s responsibility and authorization to provide guid- ance under such circumstances, it is stated that the Bureau recognizes disruption arising from the Covid-19 as a case of force majeure. Force majeure is not prescribed in the RSTP; however, Article 27 of the RSTP refers to it. It is stated that cases of force majeure are decided by the Bureau, whose decisions are final. Hence, as laid down in the Guideline, the COVID-19 situation is, per se, a case of force majeure. FIFA’s Guiding Principles The Working Group, following its establishment, held two meet- ings through videoconference and analyzed various matters. As a result, three core issues, which result from the Covid-19 outbreak, are found relevant to be addressed in the Guideline, aside from other regu- latory issues: (i) expiring agreements and new agreements, (ii) agree- ments that cannot be performed as the parties originally anticipated as a result of the COVID-19; and (iii) Registration Periods. It must be underlined that the principles regarding the agreements (points i and ii) of the Guideline are recognized as non-binding, interpretative guidelines to the RSTP. 2 Please see the Circular and the Guideline: https://resources.fifa.com/image/ upload/1714-covid-19-football-regulatory-issues.pdf?cloudid=x9q8h6zvyq8xjtf zmpy9.