SENSIBILIS

COMMON REGULATIONS

(VERSION 2)

INTRODUCTION TO SENSIBILIS

Sensibilis is a suite of tools and verification procedures that aims to promote the responsible and sustainable use of globally traded commodities and to reduce the harmful impact that these activities have on the environment (such as, for example, deforestation). Sensibilis is run and operated by Awesix Services Sàrl, the Secretariat.

Sensibilis means both sensitive and sensible. Sensibilis is sensitive to nature and the communities that are impacted by supply chains, and sensible in that it achieves its objectives in a practical way avoiding unnecessary supply chain inefficiencies.

The motto of Sensibilis is “Sensibilis Ex Natura”.

All organisations are welcome to join Sensibilis if they are committed to supporting and promoting Sensibilis’ aims and objectives.

The Sensibilis Suite includes the Sensibilis Farm Directory, the Sensibilis Site Tool (which manages supply chain traceability), a family of Sen Verification Protocols, and Update Mechanisms through which all interested parties can contribute towards evolving Sensibilis as priorities change and new technologies emerge.

Depending on where you and your organisation operate in the supply chain, there are different roles within Sensibilis. The rights and obligations will vary according to the role or roles fulfilled within Sensibilis, as well as the different components with which you will interact.

HOW THESE COMMON REGULATIONS WORK

These Common Regulations set out in detail how the Sensibilis Suite functions and are set out in the following parts:

1. Part 1 – this part sets out how to register yourself or your Organisation with Sensibilis as well as the associated roles;
2. Part 2 – this part explains the structure of the Sensibilis Farm Directory and sets out how Plots of Land are updated;
3. Part 3 – this part explains the structure of the Sensibilis Site Tool and how it is used to validate compliance with Verification Protocols;  
4. Part 4 – this part describes Sen Verification Protocols and sets out how an Organisation can be granted permission to make Sen Verified Claims;
5. Part 5 – this part sets out how updates to Risk Assessment Protocols, Sen Verification Protocols and the Pile Audit Protocol work now and the intention to introduce Update Mechanisms;
6. Part 6 – this part sets out how an organisation may become a Verification Organisation and how a User may become and Auditor on behalf of a Verification Organisation;
7. Schedule 1 – this schedule sets out the meanings of any defined terms used in these Common Regulations;
8. Schedule 2 – this schedule sets out the meanings of any defined terms used in Risk Assessment Protocols;
9. Schedule 3 – this schedule sets out the meanings of any defined terms used in Sen Verification Protocols; and
10. Schedule 4 – this schedule sets out the Sen Verification Mark.

UPDATES TO THESE COMMON REGULATIONS

The Secretariat may, at its sole discretion amend the Sensibilis Common Regulations from time to time. As such, you should check the Sensibilis Website regularly for any changes to these Common Regulations, as such changes may apply to you.

PART 1

1. PROCESS FOR REGISTERING YOURSELF WITH SENSIBILIS

1. You can register yourself with Sensibilis through a simple form on the Sensibilis Website. You will be required to submit your name, email address and mobile telephone number.
2. You will be required to verify your email address before your registration is complete.
3. As your email address will be used as your identifier, a single email address can only be used for one registration.
4. Once your registration is complete you will be considered a User in Sensibilis.

1. PROCESS FOR REGISTERING YOUR ORGANISATION WITH SENSIBILIS

1. Once you are a User, you can register an Organisation using a form on the Sensibilis Website.
2. Your Organisation must be a legal entity or a Group of legal entities with the same beneficial ownership.
3. If you are registering a single legal entity, you will need to supply the registered name and address and proof of your right to act on behalf of the legal entity.
4. If you are registering a Group, you will need to supply the registered name and address of each legal entity included in your Group, together with evidence of the structure of the Group and the ultimate beneficial ownership of the Group, and proof of your right to act on behalf of the Group.
5. When you register an Organisation, you will need to appoint at least one User as an Administrator for the Organisation, which can be you. You will also need to provide a mailing address for your Organisation.
6. A created Organisation will be held in a state of pending, with limited functionality, until it is approved by the Secretariat having verified the information provided.

1. ORGANISATION ROLES

1. If you are an Administrator of an Organisation, you can apply for one or more of the following Organisation Roles for your Organisation:

1. Farm
2. Trader
3. Verification
4. Advisory

1. None of the above roles grant you or your Organisation permission to make Sen Verified Claims.
2. If you apply for the Farm, Trader, or Advisory role, your Organisation will be granted the role immediately.
3. If you apply for the Verification role, your Organisation will only get the role once your application has been processed and approved. The full details of the application process are covered in Part 6.
4. If your Organisation has the Farm or Trader role, you cannot apply for the Verification role.
5. If your Organisation has, or has a pending application for, the Verification role, you cannot apply for the Farm or Trader role.
6. If you are an Administrator of an Organisation with the Farm role, you can create Plots of Land in the Sensibilis Farm Directory where your Organisation is the Farm Owner. You will need to provide a Farm Operator, which may be your Organisation or a different one.
7. If you are an Administrator of an Organisation with the Trader role, you can create Sites in the Sensibilis Site Tool where your Organisation is a Site Operator.
8. If you are an Administrator of an Organisation with the Trader role, you can add other Organisations with the Trader role as Site Operators of Sites where your Organisation is already a Site Operator.
9. If you are an Administrator of an Organisation with the Advisory role, you may update the areas of expertise of your Organisation and upload public documents to support your claim.

1. USER ROLES

1. All User Roles are linked to a specific Organisation and, in some cases, a specific feature within that Organisation.
2. You may have User Roles for different Organisations.
3. If you are an Administrator of an Organisation, you can add other Users as Administrators or Members of your Organisation.
4. If you are an Administrator of an Organisation with the Farm, Trader, or Verification role, you can add Users as Reviewers on behalf of your Organisation.
5. If you are an Administrator of an Organisation with the Advisory role, you can add Members as Advisors on behalf of your Organisation.
6. If you are an Administrator of an Organisation with the Verification role, you can propose Members as Auditors on behalf of your Organisation. These Users will only become Auditors when they have been approved by the Secretariat according to the procedure set out in Part 6.
7. If you are an Administrator of an Organisation with the Farm role, you can add Members as Farm Readers or Farm Writers for specific Plots of Land of which your Organisation is either the Farm Owner or the Farm Operator.
8. If you are an Administrator of an Organisation with the Trader role, you can add Users as Site Readers or Site Writers for specific Sites of which your Organisation is a Site Operator.

PART 2

1. THE STRUCTURE OF THE SENSIBILIS FARM DIRECTORY

1. The Sensibilis Farm Directory contains details of Plots of Land.
2. Each Plot of Land has a unique ID, Farm Owner, and a Farm Operator. The initial Farm Owner is the Organisation which created the Plot of Land in the Sensibilis Farm Directory. The Farm Operator may or may not be the same as the Farm Owner and is initially set by the Farmer Owner when creating the Plot of Land.

1. PROCESS FOR UPDATING PLOTS OF LAND

1. You can only update existing Plots of Land in the Sensibilis Farm Directory if you are an Auditor for a Verification Organisation.
2. If you are an Auditor for a Verification Organisation you can update an existing Plot of Land by performing a Risk Assessment, calculating a Risk Assessment Score, and submitting them via the Sensibilis Website.
3. There are no restrictions on who can commission a Verification Organisation to perform a Risk Assessment for a Plot of Land or the fees for doing so.
4. The Risk Assessments are performed for specific Risk Dimensions.
5. Each Risk Assessment results in a Risk Assessment Score from zero to ten, where ten is the highest risk and zero the lowest.
6. If you are performing a Risk Assessment and calculating a Risk Assessment Score, you must follow the process defined in the Risk Assessment Protocol for the relevant Risk Dimension. Risk Assessment Protocols are available on the Sensibilis Website.
7. If you are an Auditor for a Verification Organisation, you can update the Farm Owner, Farm Operator, and Geo-Coordinates of a Plot of Land by doing a General Information Risk Assessment.
8. Geo-Coordinates for a Plot of Land must include a single point latitude and longitude as well as a polygon defining the outline of the Plot of Land relative to that single point.

PART 3

1. THE STRUCTURE OF THE SENSIBILIS SITE TOOL

1. The Sensibilis Site Tool contains details of Sites, logic for identifying goods entering or leaving Sites, and a process by which adherence to Verification Protocols is determined.
2. Each Site has a unique ID, a list of Site Operators, and a list of Piles.
3. A Pile is a distinct set of goods, physically separated from other goods. Piles can only be created or deleted from a Site by an Auditor on behalf of a Verification Organisation.
4. Goods enter and leave Piles as a Batch, thus each Pile includes a list of Batches which have been add to the Pile. Batches include both an original amount and a remaining amount.
5. If you are an Auditor of a Verification company, you can audit Piles to confirm that they have been kept separate from other goods and that all information associated with the Pile is correct.
6. Full details of the procedures for Auditors to follow when creating, deleting, and auditing Piles are described by the Pile Audit Protocol.

1. PROCESS FOR SHOWING THE MOVEMENT AND PROCESSING OF GOODS

1. If you are a Farm Writer for a Plot of Land, you can create Batches of goods produced on your Plot of Land. You will set an Organisation with the Trader role as the owner of the Batch.
2. If you are a Site Writer for a Site, you can create Batches of goods from existing Batches owned by your Organisation in your Site. You will set an Organisation with the Trader role as the owner of the new Batch.
3. If you are a Site Writer for a Site, you can assign Batches owned by your Organisation to Piles within Sites where your Organisation is a Site Operator.
4. If you are a Site Writer for a Site, you can create Feedstocks of goods from existing Batches owned by your Organisation in your Site. Feedstocks are similar to Batches but have no owner as they are to show movement of goods out of the Sensibilis Site Tool.
5. If you are a Site Writer for a Site, you can process Batches of goods owned by your Organisation in your Site into Batches of other goods in the same Site. You will assign the produced Batches to a Pile within your Site.

1. VERIFICATION PROTOCOLS

1. Verification Protocols are assigned to Batches of goods and define verified adherence to a particular verification or certification scheme. A single Batch can have multiple Verification Protocols assigned to it.
2. The Sen Verification Protocols are a subset of commodity specific Verification Protocols with special characteristics explained in Part 4.
3. Each instance of a Verification Protocol applied to a Pile has a set of Verification Protocol Metadata specific to that Verification Protocol. Verification Protocol Metadata can be visible, meaning that Users who are Site Readers or Site Writers can see it, or hidden meaning that they cannot.
4. Each Verification Protocol includes a set of scripts which determine compliance within the Sensibilis Site Tool:

1. Plot Checks which must be passed for the Verification Protocol to be applied to a Batch produced on a Plot of Land; and
2. Site Checks which must be passed for the Verification Protocol to be applied to a Batch or Feedstock created from other Batches in a Site; and
3. Pile Checks which must be passed for the Verification Protocol to be applied to a Batch or Feedstock created using goods from a Pile; and
4. a Product Protocols Script which determines the Verification Protocols that can be applied to products of processing a Batch to which the Verification Protocol is applied; and
5. a Generate Script which determines the values of Verification Protocol Metadata on Batches produced on a Plot of Land; and
6. an Apply Script which determines the values of Verification Protocol Metadata on Batches or Feedstocks created from Batches of the same Commodity in a Site; and
7. an Apply Process Script which determines the values of Verification Protocol Metadata on Batches created by processing Batches of another Commodity in a Site; and
8. an Info Script which returns visible Verification Protocol Metadata about a Batch to which the Verification Protocol has been applied.

1. If you are a Farm Writer creating a Batch of goods on a Plot of Land, you can define which Verification Protocols you want to apply to the Batch. For each Verification Protocol you request to be applied, if the Plot Checks are passed, the Generate Script will be run to apply the Verification Protocol to the Batch. You may be required to provide additional information depending on the Verification Protocol.
2. If you are a Site Writer creating a Batch or Feedstock of goods from Batches of the same Commodity in a Site, you can define which Verification Protocols you want to apply to the new Batch or Feedstock. For each Verification Protocol you request to be applied, if the Site Checks and Pile Checks are passed, the Apply Script will be run to apply the Verification Protocol to the new Batch or Feedstock.
3. If you are a Site Writer processing goods in a Site, all Verification Protocols allowed by the Product Protocols Script will be applied to the products if the appropriate Site Checks and Pile Checks are passed.
4. If you are a Site Writer or a Site Reader, you can use the Info Script to see visible Verification Protocol Metadata about Batches belonging to your Organisation in the Site.

PART 4

1. SEN VERIFICATION PROTOCOLS

1. The Sen Verification Protocols are a subset of commodity specific Verification Protocols with special characteristics.
2. Goods to which a Sen Verification Protocol has been applied are said to be Sen Verified.
3. Each Sen Verification Protocol maintains a list of Plots of Land on which all potentially contributing Sen Verified goods were produced and a time range in which they were harvested, in its hidden Verification Protocol Metadata.
4. Each Sen Verification Protocol maintains a mingling risk and distribution of Risk Assessment Scores for Plots of Land on which goods contributing via mass balance were produced, in its visible Verification Protocol Metadata.
5. Sen Verification Protocol Plot Checks confirm that the Plot of Land is in compliance with the EU Deforestation Regulation.
6. Sen Verification Protocol Pile Checks currently require 10% of goods in a Pile to be Sen Verified for any Batches created from that Pile to also be Sen Verified. This is intended as an interim measure to help Organisations progress incrementally. It is intended that this requirement will be increased to 100% by the time the EU Deforestation Regulation comes into force.
7. Sen Verification Protocol Pile Checks also require the Pile to have been audited in the past 12 months, have no major non-compliances, and have no unresolved minor non-compliances.
8. Thus Sen Verified Commodities are intended to be compliant with the EU Deforestation Regulation by the time it comes into force.
9. If you are a Member of an Organisation which owns a Batch, you can instruct the Sensibilis Site Tool to create a report including the Plots of Land on which contributing goods were produced, the deforestation Risk Assessments for the Plots of Land, and the mingling risk of the Batch, and share the report with a Competent Authority in order to comply with the EU Deforestation Regulation.
10. Sen Verification Protocol Site Checks require a valid Sen Permit to exist for the appropriate combination of the Organisation creating the Batch, the Commodity, and the Site.

1. PROCESS FOR GRANTING OF SEN PERMITS

1. Sen Permits are issued by the Secretariat and grant the holding Organisation the right to make Sen Verified Claims on Sen Verified Batches for a particular Commodity when shipped from specified Sites.
2. If you are an Organisation that would like to make Sen Verified claims, you must first have the Trader role, as described in Part 1.
3. Once you have the Trader role you will be able to apply for a Sen Permit via the Sensibilis Website.
4. In your application you will include:

1. the Commodity you are applying to make Sen Verified Claims in respect of; and
2. the Sen Verification Year for which you wish to make those claims; and
3. a list of the Sites from which you wish to ship Sen Verified Commodities.

1. If the Secretariat accepts your application, you will be notified and you will be required to pay a fee to the Secretariat for the appropriate Sen Verification Year and Commodity (as published on the Sensibilis Website from time to time (the "Annual Fee")).
2. Once the Secretariat has received the Annual Fee (in cleared funds), the Secretariat will issue you with a Sen Permit for the appropriate Commodity, Sen Verification Year, and Sites in which the Permit has been granted in respect of.
3. The above process must be repeated by you for each Commodity for which you wish to make Sen Verified Claims (including a payment of the Annual Fee for each Commodity).
4. You may request additional Sites be added to your existing Sen Permit by notifying the Secretariat using a form on the Sensibilis Website.
5. If you pay the Annual Fee for the following Sen Verification Year before 31 January of that year, the Sen Permit will be automatically renewed by the Secretariat for the following Sen Verification Year.

1. MAKING SEN VERIFIED CLAIMS

1. You may only make Sen Verified Claims:

1. for the Commodities that you have been granted a Sen Permit by the Secretariat; and
2. from Sites included in your Sen Permit; and
3. during the Sen Verification Year specified in your Sen Permit; and
4. on goods confirmed as compliant with the relevant Sen Verification Protocol in the Sensibilis Site Tool.

1. You must ensure that any goods that you are making Sen Verified Claims in respect of conform with the requirements set out above and at all times adhere to these Common Regulations and the requirements of the applicable Sen Verification Protocol [at the contract date of the sale for the relevant Unit of Goods].
2. For goods that you are eligible to make Sen Verified Claims for, you may use the Sen-prefixed name of the Commodity. When doing so, you must use an upper case “S” and lower case “en” followed by the name of the Commodity with the first letter capitalised as one word. For example, “SenSoybeans”.
3. For goods that you are eligible to make Sen Verified Claims for, you may use the Sen Verification Mark on contracts and delivery documentation. When using the Sen Verification Mark, you must only use this in black and white or in a Sen Verification Protocol colour scheme, as communicated to you by the Secretariat (and any other requirements directed by the Secretariat from time to time).
4. Once a Sen Permit has expired, you must:

1. immediately stop using the Sen Verification Mark or making any Sen Verified Claims [in respect of any unsold Commodities], in respect of that Sen Permit;

1. continue to comply with the requirements if these Common Regulations and of the appropriate Sen Verification Protocol until all goods previously sold with Sen Verified Claims have been delivered. Failure to do so will result in you forfeiting the right to make Sen Verified Claims on delivery of goods sold as Sen Verified prior to the expiration of the Sen Permit and the right to use the Sen Verification Mark on delivery documentation pertaining to those deliveries and goods.

1. If after the expiry of the Sen Permit, you wish to regain a Sen Permit for the respective Commodity, you must follow the process outlined in paragraph 11 as if you were applying for a Sen Permit for that Commodity for the first time.

1. REPORTING

1. Total aggregate amount of goods produced on Plots of Land with each Sen Verification Protocol in each country may be shared with governments and/or regulatory bodies and/or published online by the Secretariat. However, Organisation specific data shall be kept confidential by the Secretariat.
2. The total quantity of goods imported into each country under each Sen Verification Protocol may be shared with governments and/or regulatory bodies and/or published online by the Secretariat. However, Organisation specific data shall be kept confidential by the Secretariat.
3. If you wish the Secretariat to share further details regarding your Organisation from the Farm Directory or the Sensibilis Site Tool with authorities in any country, this should be discussed directly with the Secretariat.

PART 5

1. UPDATES TO RISK ASSESSMENT PROTOCOLS

1. The Risk Assessment Protocol for each Risk Dimension will be updated from time to time.
2. In the first instance, updates will be made by the Secretariat based on feedback from Users, particularly those belonging to Organisations with the Farm or Verification role.
3. The Secretariat intends to develop an Update Mechanism to allow updates to Risk Assessment Protocols to be proposed by all Users, commented on by Advisors, accepted by Reviewers representing Organisations with the Farm role, and implemented or not accordingly.

1. UPDATES TO SEN VERIFICATION PROTOCOLS

1. Sen Verification Protocols will be updated from time to time.
2. In the first instance, updates will be made by the Secretariat based on feedback from Users, particularly those belonging to Organisations with the Trader or Verification role.
3. The Secretariat intends to develop an Update Mechanism to allow updates to Sen Verification Protocols to be proposed by all Users, commented on by Advisors, accepted by Reviewers representing Organisations with the Trader role, and implemented or not accordingly.

1. UPDATES TO THE PILE AUDIT PROTOCOL

1. The Pile Audit Protocol will be updated from time to time.
2. In the first instance, updates will be made by the Secretariat based on feedback from Users, particularly those belonging to Organisations with the Trader or Verification role.
3. The Secretariat intends to develop an Update Mechanism to allow updates to the Pile Audit Protocol to be proposed by all Users, commented on by Advisors, accepted by Reviewers representing Organisations with the Verification role, and implemented or not accordingly.

1. PUBLICATION OF RISK ASSESSMENT PROTOCOLS, SEN VERIFICATION PROTOCOLS,  AND THE PILE AUDIT PROTOCOL

1. Risk Assessment Protocols, Sen Verification Protocols and the Pile Audit Protocol will change over time through the processes defined in paragraphs 14, 15, and 16 above.
2. The current version of each Risk Assessment Protocol, each Sen Verification Protocol and the Pile Audit Protocol will be published online on the Sensibilis Website from time to time.

PART 6

1. VERIFICATION ORGANISATIONS AND AUDITORS

1. This part of the Regulations applies to any Organisation wishing to become a Verification Organisation. If you wish to apply to become a Verification Organisation, you must apply for the Verification role on behalf of your Organisation via the Sensibilis Website.
2. To become a Verification Organisation, you must be accredited under ISO Guide 65: 1996, ISO 17021-1: 2015 and ISO 17065:2012 (the "Accreditations") and you must maintain these Accreditations at all times. On the Secretariat's request, you must produce evidence of the Accreditations.  
3.  If, on receipt of your application, the Secretariat:

1. approves it, then the Secretariat will notify you in writing and you shall be deemed a Verification Organisation; or
2. rejects it, then the Secretariat will notify you in writing and your application process to become a Verification Organisation shall terminate at this point.  

1. Within 7 days of the Secretariat's decision to approve you as a Verification Organisation, the Secretariat shall add your name to the list of Verification Organisations published on the Sensibilis Website from time to time.  
2. Notwithstanding the Secretariat's right at clause 19(j) of these regulations (below), at any time after approving you as a Verification Organisation pursuant to these Regulations, the Secretariat is entitled to revoke such Verification Organisation status by providing no less than 3 months' written notice to you.

1. NOMINATION OF AUDITORS AND AUDITOR FEES

1. As an accepted Verification Organisation, you may nominate any of your suitably qualified Members to be an Auditor by requesting the Auditor role for them on the Sensibilis website.
2. The Secretariat shall be entitled to reject any individual from being an Auditor if it so wishes. Any rejection by the Secretariat in accordance with this clause 19(b) shall be final and binding. If the Secretariat does not reject your nominated Auditor, then the Auditor will be accepted by the Secretariat.
3. For each Auditor nominated and accepted by the Secretariat, the Verification Organisation must pay an annual fee of CHF 0 to the Secretariat (the "Auditor Fee"). Such Auditor Fee shall be paid immediately and thereafter annually on the anniversary of such first payment date.
4. The Secretariat may amend the Auditor Fee from time to time by giving no less than 6 months’ notice to all registered Verification Organisations.
5. The Secretariat may, at the cost of the Verification Organisation, require any of its nominated Auditors to undergo specific training sessions from time to time, including:

1.  prior to commencement of the Auditor's role; and
2. during their role as an Auditor pursuant to these Regulations.

1. The Secretariat may immediately suspend^[a] any Auditor from acting as an Auditor and/or from undertaking any of its duties if at any time:

1. the Auditor Fees in respect of that Auditor are outstanding; or
2. the Auditor has not undertaken or completed any training that has been specified by the Secretariat pursuant to clause 19(e) by the dates indicated by the Secretariat.  

1. Within 7 days of the Verification Organisation's payment of applicable Auditor Fees, the Secretariat will publish the name(s) of the Auditor(s) on the Sensibilis Website along with the Verification Organisation which the Auditor represents.
2. If the Auditor Fees become overdue at any point or if an Auditor is removed by the Secretariat pursuant to these Regulations, the Secretariat will be entitled to immediately remove the name of the Auditor from its website.
3. If, at any time, any of your nominated Auditors stop being employed by you, you must immediately notify the Secretariat in writing and you must ensure that any Auditor which is no longer employed by you does not undertake any Risk Assessments or audit any Piles pursuant to these Common Regulations.
4. Each Verification Organisation and Auditor undertakes to the Secretariat that it shall not, at any time, bring the Secretariat into disrepute. Each Verification Organisation and Auditor shall undertake its duties with the highest level of skill, care and diligence and shall at all times cooperate with the Secretariat. The Secretariat may suspend or remove any Verification Organisation and/or Auditor at its discretion if it feels that such Verification Organisation and/or Auditor has not complied with the terms of these Regulations.

SCHEDULE 1 – COMMON DEFINITIONS

The following definitions are used within these Common Regulations:

SCHEDULE 2 – RISK ASSESSMENT PROTOCOL DEFINITIONS

The following definitions are used within Risk Assessment Protocols:

SCHEDULE 3 – SEN VERIFICATION PROTOCOL DEFINITIONS

The following definitions are used within Sen Verification Protocols:

SCHEDULE 4 – SEN VERIFICATION MARK