The European Commission is concerned that France has incorrectly implemented the definition of packaging and packaging waste in its national law, as required by EU waste legislation. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is to ask France it to amend its national legislation accordingly. If France fails to reply within two months, the Commission may refer the case to the European Court of Justice. Directive 94/62/EC on packaging and packaging waste covers all packaging waste regardless of the material used, and is intended to reduce the volume of waste and encourage sustainable growth. The Directive sets criteria for defining packaging and packaging waste that Member States are required to translate into their national legislation. The definition is important as it determines the scope of application of the Directive. According to the Commission, France has not yet transposed the criteria jointly decided at EU level into its domestic law, which could lead to the packaging waste rules not being applied to all the relevant items.