The complainant requested information about the Joint Working Agreement (‘JWA’) for the Swansea Bay City Deal. Carmarthenshire County Council (‘the Council’) confirmed it did not hold some information and withheld a copy of the draft JWA under section 42 of the FOIA. Following the Commissioner’s intervention, the Council agreed that the request should have been considered under the EIR and confirmed that it considered regulation 12(5)(b) to apply. The Commissioner’s decision is that the Council has correctly applied regulation 12(5)(b) to the withheld information. The Commissioner does not require any steps to be taken.