E90 330d egr issue

[hoppo4.2]

Something is causing an egr fault on my car.
The code is

Egr deactivation
No other codes the car runs horribly flat no power then all of a sudden big cloud of smoke and it's off like a rocket.

With the egr vacume pipe disconnected it runs lovely so something is holding it open. I've checked the vacume solenoid and it appears to work fine.

Any ideas guys?