OTC derivatives specified in Article 8a(2) of MiFIR that are both (i) not subject to the trading obligation as referred to in Article 28 of MiFIR and (ii) for which there is not a liquid market and other derivatives for which there is not a liquid market can benefit from the pre-trade transparency waiver set out under Article 9(1)(c) of MiFIR. 

[ESMA 70-872942901-35 MiFIR transparency Q&A, Q&A 4.14]

Only OTC derivatives specified in Article 8a(2) of MiFIR that are both (i) not subject to the trading obligation as referred to specified in Article 28 of MiFIR and (ii) for which there is not a liquid market and other derivatives for which there is not a liquid market can benefit from the pre-trade transparency waiver set out under Article 9(1)(c) of MiFIR.