This article investigates what happens when governmental actors foster the participation of non‐state actors (NSAs) in treaty ratification and implementation decisions. NSAs, being non‐governmental organizations, business groups, citizens, or research institutions, among others, represent interests that will be ultimately impacted by policy choices. While governments have long consulted them on an ad hoc basis, a ‘deliberative turn’ happened in the 2000s to encourage their involvement, for greater legitimacy and transparency through, among others, the use of public consultations. This proactive turn raises questions about public consultations: are such instruments effective? Do they encourage new thinking? Do they matter for final decisions? This article answers these questions by investigating, using lexicometry as main research tool, the public consultation organized by the European Commission in 2011 before the ratification of the Nagoya Protocol on access and benefit sharing by the European Union in 2014. The results are mixed. Although the studied public consultation favoured the expression of small national NSAs, the process remains poorly inclusive. NSAs did not propose any fresh ideas on the access and benefit sharing issue and their final influence on European decision‐makers is blurred by the diversity of interests expressed. Copyright © 2016 John Wiley & Sons, Ltd and ERP Environment