Ok work is done, here are some more interesting facts.
In Europe the X5 is rated 7700/330 and in NA 6000/600, all the 10-15% TW guys are having a fit right now lol
In Europe they have a different hitch, it is the type that sticks straight down and you slide you drawbar up into the hitch but the hitch has all the same attachment points and no more, the NA version looks well like most other receivers and drops down a bit then sticks out back with the 2" square.
So the only difference is the receiver, we now have a company making the Euro style hitch for the NA market that looks really good and strong, that is going to be my choice.
So with such a high tow rating and a low TW maybe that is just how they roll and the Germans never bothered testing because they don't see the point, the article points toward this.
10 CTS AWD Wagon
10 BMW X5 35D
08 Mercedes GL320
08 Outback 21RS