Ferrari will have to revert to a more conventional rear wing after Sunday's Spanish Grand Prix.
After Friday practice in Barcelona, Charlie Whiting admitted the FIA was considering banning the Italian team's new wing because it was too high.
The Maranello based team is exploiting a loophole in the regulations about slot-gap separators to effectively increase the height of the upper wing element.
"It's a very clever interpretation of the rules and we've got to decide whether we think it's a good interpretation of the rules," said Whiting.
According to Italy's Autosprint, the FIA technical delegate will allow Ferrari to run the wing for the rest of the weekend in Spain, but not in Monaco or beyond.