It depends on the type of kit you use. If the kit just blocks off the existing EGR on both ends, leaving it in place, then you are OK to use the existing up-pipe. If the kit is a delete, then you will loose support for the up-pipe and take the chance on fracturing the bellows on the existing up-pipe. Also on the late 04 and up engines, without the throttle butterfly, the new up-pipe eliminates the internal EGR scoop giving a slight increase of flow.