@Marie Manila
I suppose that's what you're basing your opinion on?
Under:
REGULATION (EU) 2018/1672 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 October 2018
on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005
ANNEX I
Commodities used as highly-liquid stores of value and prepaid cards which are considered cash in accordance
with point (a)(iii) and (iv) of Article 2(1)
1. Commodities used as highly-liquid stores of value:
(a) coins with a gold content of at least 90 %; and
(b) bullion such as bars, nuggets or clumps with a gold content of at least 99,5 %.
https://ec.europa.eu/taxation_customs/individuals/cash-controls_en
- Not much to contest. All popular LT gold coins are higher than 90% in gold content and thus subject to Article 2 of 2018/1672 (Article 2 defines "cash.")
- However, the very key detail is that the regulation is not presently in force! It will be from June 3 2021.
The present EU-level regulation, 1889/2005, does not define any kind of gold as cash and thus it's up to individual member states. Relevant laws presently depend on where you land.
1. Solution (works in practice today):
Pick the loosest hole among the 27 for the initial LT coin import. And then move the gold where you like by car/bus/train/ferry under freedom of movement rules bypassing any further tolls (which may refer to a stricter national legislation)
2. Future solution (3 June 2021 and onwards):
Will be tough. I haven't given much tough yet, but I still see potential in LT coins. If not a solution to rely on, then at least some ground for a court case if the LT coins are detained/confiscated.
Article 2 of 2018/1672 catches LT coins as both: "currency" and "highly-liquid store of value" - but
2.1. where does it say that the latter takes precedence over the former if the coins are made of valuable metals such as gold?
2.2. or where does it say that the higher value must be assumed if two or more sub-categories of "cash" are triggered, as is the case with LT gold coins? It doesn't.
So even in 2021, as per regulation of 2018/1672, I'm given a choice to choose if I'm carrying €9975 of cash under the statutes of "currency" or the much higher number resulting from "highly liquid store of value."
Dear EU...Please fix your FATF/AML regulations and make it a little harder for us.