Now i have taken the right rear off i think i can see what the problem is.
Firstly any run off water from around the the boot lid runs into channels in the normal fashion, but rather than running over the tails lights to drain away, they drain through a gap, over the rear of the tail units, within the body work.
The back of the unit has a clip on moulded cover with an open cell foam rubber seal let in a groove. The water from the boot channel runs over this assembly, the rubber seal soaks up the water, probably by capillary action now drains into the lens side of unit. The lens eventually dries out because it is vented to the interior of the boot.
http://parts.bmwofsouthatlanta.com/showAssembly.aspx?ukey_product=3485338&ukey_assembly=258307&ukey_make=979&ukey_model=0&ukey_driveline=6472&ukey_trimlevel=0&modelYear=2009
Shown as item 5 is the seal, the plastic moulding is the part that looks like a pair of goggles.
The BMW mod is probably to replace that seal.
I'm just going to dry out the seal, soak it in with silicone sealant and see if it improves the situation.
Seen this before, theres no excuse for using that type of foam seal.
Having said that the tail units were made in Italy.
Was going to take mine into dealer, but they seemed more interested in trying to sell me pre end warranty check for £35!