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The engine is the same, but the ECU (and probably the code) are different than the E46 M3.
It could be related to a lot of things:
The cold-start cycle for the cats may be different (related to emissions regulations); the code may have a glitch; other parts may differ.
None of these excuse BMW from addressing the issue however or at least acknowledging it. Sadly, unless it throws a code or simply won't start period they're unlikely to do anything. That's "BMW Policy"--it's not just that way with our cars but with any model they make these days.
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